BULLETIN  No.  26. 


(B.  A.  i.,  156.—  Dairy  No.  34.) 


ll.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU    OFIANIMAL   INDUSTRY. 
D.  E.  SALMON,  D.  V.  M.,  Chief. 


STATE  DAIRY  LAWS. 


COMPILED  AND  ABSTRACTED 
BY 


:R.    A.   PEARSON,  M.  S., 

ASSISTANT    CHIEF    OF     DAIRY     DIVISION. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1900. 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  ANIMAL  INDUSTRY, 
Washington,  D.  C.,  November  21,  1900. 

SIR:  I  have  the  honor  to  transmit  herewith,  and  recommend  for 
publication  as  a  bulletin  of  this  Bureau,  a  manuscript  entitled 
"National  and  State  Dairy  Laws,"  prepared  by  Mr.  R.  A.  Pearson, 
assistant  chief  of  the  Dairy  Division.  This  manuscript  contains  brief 
abstracts  of  all  National  and  State  dairy  laws  now  in  force  and  the 
full  texts  of  those  which  have  been  enacted  since  1808.  The  laws 
then  in  force  were  published  in  the  Fourteenth  Annual  Report  of  this 
Bureau.  There  has  been  considerable  dairy  legislation  during  the 
past  few  years,  and  in  this  connection  numerous  requests  for  informa- 
tion as  to  the  laws  of  the  various  States  have  been  received.  This 
bulletin  will  assist  in  answering  such  inquiries,  and  will  be  especially 
useful  in  States  where  it  is  proposed  to  enact  new  dairy  laws  during 
the  coming  session  of  the  legislatures. 
Respectfully, 

D.  E.  SALMON, 

Chief  of  Bureau. 
Hon.  JAMES  WILSON, 

Secretary. 


r 


CONTEXTS 


Page. 

Introduction ... 5 

Principal  subjects  on  which  dairy  laws  have  been  enacted _ 6 

State  standards  for  dairy  products 8 

Abstracts  of  Full  texts  of 

dairy  laws.  dairy  laws. 

Page.  Page. 

United  States '... 9  37 

Alabama -  - 10  37 

Arizona .         10  37 

Arkansas - 10 37 

California.... 10 38 

Colorado 11   40 

Connecticut 11   .   41 

Delaware 12  41 

District  of  Columbia    12  .              ...  41 

Florida..    12  42 

Georgia  - .  - 13 42 

Idaho    .  13  ...  42 

Illinois 13 42 

Indiana 14 ,  47 

Iowa _ . '. .   15  49 

Kansas 15 49 

Kentucky..  16 49 

Louisiana 16 49 

Maine 16  .  .. 50 

Maryland ... 17 50 

Massachusetts    . 17 53 

Michigan.     18 ....54 

Minnesota  19 59 

Mississippi.. ...  20.         66 

Missouri  ..  20  .     66 

Montana    .  21   . 66 

Nebraska  21 66 

Nevada 22. 70 

New  Hampshire . .  22  .     70 

New  Jersey  . .  23  70 

New  Mexico  23 72 

New  York  24  72 

North  Carolina.  25 75 

North  Dakota  25  „     ..77 

Ohio 26  81 

Oklahoma  ...  27         82 

Oregon  .     .          27 82 

Pennsylvania 28 85 

Withdrawn  3 


Abstracts  of  Full  texts  of 

dairy  laws.  dairy  laws. 

Page.  Paf<i'. 

Rhode  Island  - 29  89 

South  Carolina 30  89 

South  Dakota ...        80 89 

Tennessee ...    .        30 90 

Texas ... 31  .  91 

Utah .- 31  91 

Vermont 31  94 

Virginia  ...   ......   .... 82  96 

Washington.. _        33  99 

W  est  Virginia      34  10.1 

Wisconsin... .. 34  105 

Wyoming , 35  109 

Canada..  33  .  .110 


NATIONAL  AND  STATE  DAIRY  LAWS. 


INTRODUCTION. 

Abstracts  and  full  texts  of  all  national  and  State  laws  applying  to 
dairy  products  and  their  imitations  were  published  in  1898  in  the 
Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry,  and 
later  reprinted  in  separate  form.  The  call  for  such  information  was 
much  larger  than  had  been  anticipated  and  necessitated  a  second 
reprint.  Since  that  compilation  was  made  there  has  been  considerable 
new  legislation  on  the  subject,  and  this  has  required  replying  to  many 
inquiries  by  letters  to  supplement  the  printed  volume.  It  now  seems 
advisable  to  show  all  the  changes  that  have  been  made  and  the  new 
laws  that  have  been  enacted. 

In  the  last  two  years  new  dairy  laws  have  been  passed  in  twenty 
States,  the  most  common  subject  of  legislation  being  renovated  butter, 
the  manufacture  of  which  has  rapidly  increased;  it  is  customary  to 
permit  it  if  plainly  labeled.  In  some  States  the  dairy  laws  have  been 
repealed  and  reenacted  with  slight  changes,  and  it  would  be  well  if 
the  same  were  done  in  some  other  States  where  the  laws  are  unneces- 
sarily numerous  and  bulky.  Only  a  few  laws  or  parts  of  laws  have 
been  repealed  by  name.  Usually  new  laws  "repeal  all  acts  or  parts 
of  acts  in  conflict,"  and  this  often  leaves  the  compiler  in  doubt  as  to 
whether  an  old  law  is  still  operative  or  not;  in  some  cases  it  might 
require  a  court  decision  to  determine  the  point.  When  there  is  doubt 
as  to  whether  or  not  a  law  is  in  force,  it  is  printed  in  full. 

It  is  believed  this  compilation  is  complete,  though  some  laws  of  a 
general  nature  referring  indirectly  to  dairy  products  may  have  been 
overlooked  and  omitted.  In  each  case  the  names  of  the  acts  have 
been  referred  to  the  State  officer  especially  charged  with  their  enforce- 
ment or,  where  there  is  no  such  officer,  to  the  secretary  of  state,  with 
request  that  any  omissions  or  corrections  be  noted.  It  has  been  chosen 
to  include  some  laws  which  refer  but  remotely  to  dairying  rather  than 
risk  omitting  am"  that  might  be  of  interest  in  this  connection. 

As  in  the  1808  compilation  the  table  and  abstracts  are  arranged  in 
the  following  order:  State  dairy  officials,  milk,  butter,  cheese,  imita- 
tion butter,  imitation  cheese,  miscellaneous,  pure  food.  It  is  obviously 
impossible  to  arrange  the  full  laws  in  the  same  way.  As  the  laws 
which  were  printed  in  1808  are  given  here  by  reference  only  it  is  an 
easy  matter  to  find  and  examine  the  latest  dairy  legislation. 

It  is  hoped  this  revised  compilation  and  the  abstracts  will  be  useful 
where  new  dairy  laws  are  needed,  as  well  as  where  those  now  on  the 
statute  books  an;  not  as  generally  known  as  they  should  be;  also  that 
it  will  emphasize  the  need  of  clearer  legislation  in  some  States  where 
it  is  evident  that  the  dairy  interests  have  not  been  protected  as  was 
apparently  intended  by  those  who  passed  the  laws  now  in  force. 

5 


PRINCIPAL  SUBJECTS  ON  WHICH  DAIRY  LAWS  HAVE 

[Numbers  in  the  first  column  show  the  pages  of  this  bulletin  where  brief  abstracts  of  the  laws 
full  on  the  subjects  named  at  the  heads  of  the  columns.  The  plain  figures  refer  to  pages  in 
bulletin.  D.  Defined  only.  P.  -•:  Must  be  colored  pink.  A  plus  mark  ( -I- )  following  a  page 


States,  etc. 

Pago  of  abstract. 

P 
s'7.  ; 

Standard  pre- 
scribed. 

Milk. 

Butter. 

Cheese. 

Skim  milk  reg- 
ulated. 

Condensed  milk 

Impure  milk  re- 
stricted. 

Other  milk 

law  -. 

Defined  or 
standard 
fixed. 

Other  butter 
laws. 

Defined,  stand- 
ard prescrib- 
ed or  grades 
established. 
Registe  red 
brands  pro- 
vided. 

e 
t. 

a)1"1 
C 

563+ 

D.556     563 

D.560      

5t>5 

Alabama 

In 

10 

10 

111 
11 
11 
1  1 

D.  564 

(568 
\  .» 
5(58 
(571  + 
I  41 

I 

..     38+  

564 

565       5(>4 
569       569 

f"  " 

I 

572 

•  572+ 

573 

I 

District  of  Columbia 

13 

580 

577+  .  . 

.r  ,  1  576+. 

1 

' 

1,! 

581 

5S1 

581 

IS 

IS 
llf 

43+ 

',; 

583+   58t 
589 

!       583+    584 
589 

589 

589 
592 

581"  + 

592 

592       591 

593 

593     . 

16 

594 

594      

16 

.      50 

nO 

Maine                 .     

16 

596 

596     ... 

..    596+  

D.598    

D.598      

17 

Massachusetts  . 

17 
IS 
19 
20 

601  + 

(608  + 

5.',       603+  :  60t 
(615       615      ... 

}•  {S  )- 

»       603    j  54 

/613+  \ 
"156     f  
f  60+  62:3 
•'  \  64+     61  + 

D.606    

D.606      

Michigan  . 

D.   ,-.S     613 
I             /  "^ 

612 

62 

613 

f';/,    1 

Minnesota.  .. 
Mississippi 

}  "» 

/  I  63+ 

Missouri           .     . 

SO 

D.  625      .  .     . 

624  + 

Montana  

Nebraska 

21 

67  + 

(628,     ( 
\631     f" 
632     .  . 

..    628      631 
632 

(628 

1 

( 

628    1 

C.S+1 

Nevada 

--  \  68+ 

I 

I 

o-> 

635 

ttu 

D  635 

D  635 

23 

/639, 
1644  + 

Uo-     (637     f 
J*"     \MQ     /-- 

(,636+,  I 
-\640       J  

D.  643     642 

D.643 

642 

New  York 

24 

/652+ 
1  72+ 

(654      655      65J 

+    6.54+  ijy—' 

|D.  658    .. 

1D  65,    (657     ,  657  \ 
j-U.  bo4   |  ?4         n  j 

North  C'arolina 

ar 

77  + 

~'J 

"9 

78+ 

7S 

78 
668 

78+ 
(664.1 
\667j 

Ohio 

26 

661  + 

663 

(663,    W 
\665     F* 

,    '(663, 
'     \665 
.    670 

666    

D.666 

Oklahoma 

•7 

83+ 

83 

8; 

33       84 

678 

84 

Pennsylvania  
Rhode  Island 

29 

/673  + 
I  86+ 

(675 

682 
683 

675+  ... 
682 

..    J/5+ 

..    682 

674+ 
(681 

678 

|                680 

South  Carolina 

30 

683 

683 

South  Dakota 

SO 

D  684 

D  68t 

Tennessee  

SO 

Texas...  

31 

j 

Utah  

31 
31 

93  + 

91 

91 

91  + 
689 
95+ 

91  + 

j-D.  690    •!    or  i 

691 

r~ 



91  + 
(690  1 
\96j 
692 

99 

Vermont  . 

689+ 

689      ... 
691 

(689, 
"  \691 
691 

Virginia  

32 

i  -• 

Washington 

34 

(100+ 
1104  + 

|  99 

103      ... 

..      'JO 

J100 
\102 

f               (100 
I  \103 

(•      99 

99 

West  Virginia 

Wisconsin  

34 
35 

105  + 

107 

106  + 

109 

(106, 
\108 

107  \ 
109  J 

Wyoming  

109 

Canada  

35 

704     ... 

..    704  + 

706+ 



705+    705+ 

1  See  footnote,  page  45. 

afi§e  footnote,  page  48. 

BEEN  ENACTED  IN  THE  TTNITED  STATES  AND  CANADA. 

may  be  found:  numbers  in  other  columns  refer  to  the  pages  where  may  be  found  the  laws  in 
the  Fourteenth  Annual  Report,  B.  A.  I.  Numbers  expressed  in  italics  refer  to  pages  in  this 
number  signifies  "and  following  page  or  pages."] 


Imitation  butter. 

Imitation  cheese  (in- 
cluding filled  cheese). 

Miscellaneous. 

General  pure-food 
law. 

States,  etc. 

Oleomargarine,  etc. 

Renovated  butter, 
label  required. 

Prohibited. 

Yellow  color 
prohibited. 

|s| 

E|^  I   « 

~  r  Cra      £ 

5  =  =  §  1 

«iB&   § 

—  iis  o      -3 

3*^-  c 

Prohibited. 

Yellow  color 
prohibited. 

Label  or  notice 
required. 

Other  laws. 

Care  of  cows 
regulated. 

>vX       Ji 

a'S      "3  5 
•2  S-=    S| 
=  b£    a* 

*~-2  :§ 

'i»l  51 

^-^    o" 

_  r 
•»(  < 

563 

556+, 
563 

} 

T61    J5CO+. 

\ 

!  563 

United  States. 

Alabama. 
Arizona. 
Arkansas. 

California. 
Colorado. 
Connecticut. 

Delaware. 
District  of  Co- 
lumbia. 
Florida. 
Georgia. 
Idaho. 

Illinois. 

Indiana. 
Iowa. 

Kansas. 
Kentucky. 
Louisiana. 
Maine. 

Maryland. 
Massachusetts. 
Michigan. 
Minnesota. 

Mississippi. 
Missouri. 
Montana. 

Nebraska. 

Nevada. 
New  Hampshire 
New  Jersey. 
New  Mexico. 
New  York. 
North  Carolina. 
North  Dakota. 
Ohio. 

Oklahoma. 
(  )regou. 

Pennsylvania. 

Rhode  Island. 
South  Carolina. 
South  Dakota. 

Tennessee. 
Texa-  . 
Utah. 

Vermont. 
Virginia. 
Washington. 
West  Virginia. 
Wisconsin. 

Wyoming. 
Canada. 

563 

•    " 

561 

566 

565 
569 

567 

38 

565 
569 

566 
569 

567 

567 

571 
575 

571 
570 

u\ 

>73+l 
M  i 

574 

.-,79      

579 

580 

579+1 
IA 

42     

582 

582 
583 

585+, 

587+ 

589 

582 

582 

583 

586,   ] 
588 
W+J 
U7 

587  | 

\ 

585+ 

584 

|585  1 
1587  | 

1 

590 

590 

590 

590 

592 

f589, 
\591 

J591 

593+ 
594  + 
W  + 

[599+ 

;V.i.-> 

596 

.Y- 

598 

... 

597 

596 
/600  + 
\51 

602+ 

51 
607 

/605, 
\608 

•     • 

623 

625+ 

627  + 

628+ 

633 
636 
643, 
645 

,5! 

i>l 

54 

605 

608 

)"' 

617 

57 

/622 
\  65 

612 

\a 

614 

J623 
\62 

62- 

611  + 
161,    } 
64,    } 

le«   j 

62 

62 

GO 

61 

623+ 

096 

624  + 

624 

628 

68+ 

627  + 

628+ 

628 
«•>'  + 

628 

629 

629 

67 

631 
633 

631  + 

632 

636 
J643, 
\646 

636 

633+ 

i 

643 

(643, 
\645 

}'•'- 

637 



(638  + 

652 
J65;}, 
\655 

[648+ 
350+ 

>» 

75  + 

OH 

73 

656  1 
73/ 

73 

(  656 
(    73 

656 
73 

i 

655 

658 
80 
663+, 
666 

• 

80 
666{ 

SO 

80 

7'> 

663, 
665 

} 

t 

663+, 
667+ 

663 
665 

^565 

665  j 

669 

8J 
670 
S-'+ 

f 

1 

84 

f6791 
\87( 

83 

86 

81, 
679 

81+ 

87 

87+ 

680 
684 
685 
686 

676 

682 

683 
P.  685 
686+ 

683 

684 

1184 

687 
91 

(6K5  1 
\  •'">  J 
687  + 

686 



M 

P.  690 

9S 

9t+ 

iff 

800 

0~> 

tWl 
691 

'Jfi 
97  + 

;«4  + 

6!»7 
W.t 
1<K>  + 



682+ 
109 
P.  697 
107 

''.'.'I 
100 
697 
IDS 

6B2+ 



10S 

99  + 

...     697 

107+ 

108 

107 

/«* 

107  + 

7W 

70f, 

7(U 

706  + 

STATE  STANDARDS  FOB  DAIRY  PRODUCTS. 


Standards  for  the  composition  of  dairy  products  have  been  estab- 
lished in  several  States  and  are  (in  June,  1900)  as  follows: 


States 

Milk. 

Skim 
milk. 

Cream. 

Butter. 

Cheese. 

Total 
solids. 

Solids 
not  fat. 

Pat. 

Total 
solids. 

Fat. 

Fat, 

Fat. 

California 

Per  cent. 

Per  ct. 

Per  ct. 

Pff  Ct. 

Per  ct. 

Per  cent. 

Full  cream,  30  p.  ct.  fat 

Colorado 

Half  skim,  15  p.  ct.  fat. 
Skim,  from  skim  milk. 
(Fancy  cheese  e  x  - 
cepted.) 
35  p.  ct.  total  solids  to  be 

District  of  Columbia 

9 

3.5 

9.3 

20 

83 

fat. 

Georgia 

8.5 

3.5 

Not  over 
12  per  ct. 
water  or 
5  p.  c.  salt 

12 

3 

2  15 

80 

48  p.  ct.  total  solids  fat 

9 

3 

8l> 

10  p.  ct.  milk  fats. 

Iowa 

12.5 

3 

15 

Not  over 

Maine 

12 

3 

loperct. 
water  or 
tip.  c.  salt 

Massachusetts 

13 

9  3 

3.7 

9.3 

April-  September 

12 
12.5 

9 

3 
3 

Sp.  grav. 

sp.  grav. 

Minnesota 

1.029-33 
13 

3.5 

1.032-37 

20 

45  p.  ct.  total  solids  to  be 

Missouri  

fat. 
From  milk  testing  at 

New  Hampshire  
New  Jersey  

13 

12 

least  3  p.  ct.  fat. 

New  York  * 

12 

3 

Skim,  from  skim  milk. 

North  Dakota 

12 

3 

15 

Skim,  from  skim  milk. 

Ohio3 

12 

3 

80 

20  p.  ct.  fat. 

May  and  June  .  . 
Oregon3  

11.5 
12 

8 

3 

sp.  grav. 

20 

Not  over 

Pennsylvania 

12  5 

3 

l.att 

14perct. 
water. 

Full  cream.  32p  ct  fat 

(Milk  and   skira- 
milk  standards 
refer  to  cities  of 
2d  and  3d  class.) 

Rhode  Island  

Sp.  grav. 
1.029-33 

12 

2  5 

fat. 
6  per  ct. 
cream 
by  vol. 
sp.  grav. 
1.032-37 

Three-fourths    cream, 
24  p.  ct.  fat. 
One-half  cream.  Itip.  ct. 
fat. 
One-fourth  cream,  8 
p.  ct.  fat. 
Skim,  below  8  p.  ct.  fat. 
(  Fancy  cheese  weigh- 
ing     less    than     5 
pounds  excepted.) 

South  Carolina... 

8.5 

3 

Utah  . 

9  per  ct. 

Skim,  size  regulated. 

Vermont  

12  5 

9.25 

solids 
not  fat. 
44 

May  and  June  .. 
Washington 

12 

8 

3 

18 

Full  cream,  30  p  ct  fat. 

Wisconsin  

3 

Skim.    15    per    ct.   far. 
(Fancy  cheese    ex 
cepted.) 
Skim,  size  regulated. 

1  Condensed  milk  shall  be  made  from  milk  containing  at  least  the  legal  standard  of  3  per  cent 
butter  fat  and  evaporated  to  one- third  or  less  of  its  original  volume. 
'•'Coffee  cream  shall  contain  at  least  15  per  cent  of  fat.  and  whipping  cream  22  per  cent  fat. 

3  Milk  solids  of  condensed  milk  shall  be  in  quantity  the  equivalent  of  12  per  cent  of  milk  solids 
in  crude  milk,  of  which  solids  25  per  cent  shall  be  fat. 

4  As  basis  for  payment  at  factories. 


ABSTRACTS  OF  DAIRY  LAWS. 

Iii  the  following  abstracts  it  is  aimed  to  state  briefly  the  principal 
features  of  all  the  national  and  State  laws  now  (June,  1900)  in  force 
which  apply  to  dairy  products  or  their  imitations,  omitting  matters  of 
minor  interest,  as  references  to  penalties,  details  of  enforcement,  dis- 
position of  fines,  etc. 

States  having  dairy  commissioners  or  other  officers  specially  charged 
with  the  enforcement  of  dairy  laws  usually  give  such  officers  neces- 
sary authority  for  securing  evidence,  having  analyses  made,  and  con- 
ducting prosecutions;  it  is  also  customary  to  allow  them  necessary 
traveling  expenses  in  addition  to  the  regular  salary. 

When  a  subject  is  followed  by  the  words  "No  law,"  it  should  be 
understood  there  is  no  special  law  on  that  subject.  It  may,  however, 
be  covered  by  a  pure-food  or  other  law,  an  abstract  of  which  is  given 
under  another  heading. 

UNITED  STATES. 

Import  duty  on  fresh  inilk,  2  cents  per  gallon.     Condensed  milk. — Import 
duty  on  preserved,  condensed,  or  sterilized  milk,  2  cents  per  pound. 
Butter  is  denned  as  the  food  product  usually  known  as  butter  and  made 
exclusively  from  milk  or  cream,  with  or  without  salt  or  color.     Import 
duty,  6  cents  per  pound. 

Cheese  is  denned  as  the  food  product  known  as  cheese  and  made  exclu- 
Cheese.  .      .  .,, 

sively  from  milk  or  cream,  with  or  without  coloring  matter.     Import 

duty,  f>  cents  per  pound. 

Each   original  package   of    oleomargarine  or    filled 

Oleomargarine  and  Hllcd  choose.  .    .       °        _^ 

cheese  must  bear  a  prescribed  label.     Regulations 

concerning  reports,  etc.,  of  manufacturers  and  branding  of  all  packages  not  pro- 
vided for  by  the  law  are  made  by  the  Commissioner  of  Internal  Revenue.  Oleo- 
margarine.'— Oleomargarine  is  defined  as  certain  (enumerated)  manufactured 
substances,  extracts,  mixtures,  and  compounds,  including  such  mixtures  and  com- 
pounds with  butter,  made  in  imitation  of  butter  and  intended  to  be  so!d  for  butter. 
Taxed  2  cents  per  pound  (except  that  for  export,  which  is  not  taxed).  Import 
duty,  0  cents,  and  internal  revenue  tax  on  imported  oleomargarine,  15  cents  per 
pound.  Manufacturers,  wholesale  dealers,  and  retail  dealers  are  defined  and 
taxed,  respectively.  $600,  $180.  and  $48.  Filled  cheese. — Filled  cheese  is  defined  as 
a  1  substances  made  from  milk  or  skimmed  milk  with  admixture  of  butter,  oils,  or 
compounds  foreign  to  such  milk,  and  made  in  imitation  o '  cheese.  Taxed  1  cent 
JMT  pound  Import  duty,  0  cents,  and  internal  revenue  tax  on  imported  filled 
cheese,  8  cents  per  pound.  Original  packages  shall  be  plainly  branded  "Filled 
cheese,"  and  signs  must  be  displayed  where  sales  are  made.  Manufacturers, 
wholesale  dealers,  and  retail  dealers  are  defined  and  taxed,  respectively,  §400, 
$2.10.  and  $12. 
MlKroiUnoouM.  Import  duty  on  sugar  of  milk,  5  cents  per  pound. 


800  footnote,  page  37. 

0 


10 

ALABAMA. 
Milk.     (No  law.) 
Butter.      (No  law.) 
Cheese.       (No  law.) 

No  article  which  is  in  imitation  of  pure  yellow  butter  and  is  not 
Imitation  butter. 

made  wholly  from  pure  milk  and  cream  shall  be  manufactured, 

nor  sold,  nor  used  in  any  public  eating  place,  hospital,  or  penal  institution,  etc.: 
but  oleomargarine,  free  from  color  or  other  ingredient  to  cause  it  to  look  like 
butter,  and  made  in  such  a  manner  as  will  advise  the  consumer  of  its  real  charac- 
ter, is  permitted:  it  must  be  stamped  with  its  name. 

Imitation  cheese.       (No  law.) 
Miscellaneous.       (No  law.) 

ARIZONA. 
(No  dairy  laws.) 

ARKANSAS. 
Milk.     (No  law.) 

Butter  is  defined  as  a  product  manufactured  exclusively  from  milk  and 

Butter. 

cream. 
Cheese.       (No  law.) 

Substitutes  for  butter,  whether  in  wholesale  or  retail  packages, 
Imitation  butter.       ,  ••,•,•,,*       *  -,    •,          2     -,   -, 

shall  be  pJainly  labeled  "Adulterated  butter.       Oleomargarine, 

or  such  other  names  as  shall  properly  describe  them.  In  hotels,  etc.,  dishes  con- 
taining said  articles  must  be  plainly  marked  in  same  manner. 

Imitation  cheese.       (No  law.  ) 
Miscellaneous.       (No  law.) 

CALIFORNIA. 

Three  resident  citizens,  experienced  in  the  manufacture  of  dairy  pro- 
Dairy  bureau.      ,  .  j    •       i  -r.     •    ^     ^    ^        j? 

duce,  constitiite  a  btate  dairy  bureau.     Period  or  office,  tour  years;  no 

compensation.  Has  charge  of  inspection  of  live  stock  and  the  investigation  of 
dairies  and  creameries  for  unsanitary  conditions;  shall  include  statistical  matter 
in  annual  report.  Their  agent  receives  $1,800  salary  and  is  allowed  as  many  as 
twenty  assistants,  at  not  over  $4  per  day,  and  chemists  when  necessary.  Appro- 
priation for  bureau.  §7,500  for  fifty-first  fiscal  year  and  $.1,000  for  fifty-second  fiscal 
year. 

The  sale  of  milk  which  is  impure   or  the  product  of  diseased  cows  is 

forbidden. 
Butter.     Roll  butter  when  sold  must  be  full  weight. 

All  cheese  must  be  branded,  with  brands  procured  from  and  recorded  at 

dairy  bureau,  "California  full-cream  cheese,"  if  it  is  made  from  pure 

whole  milk  and  contains  at  least  30  per  cent  fat;  '•  California  half-skim  cheese,'' 

if  made  from  pure  milk  and  has  at  least  15  per  cent  fat;  "  California  skim  cheese," 

if  made  from  pure  skim  milk.     Fancy  cheeses  are  excepted. 

Imitation  butter  and  cheese  is  defined  as  any  article  not 
Imitation  butter  and  cheese.  ...  , , 

produced  from  pure  milk  or  cream,  salt,  rennet,  and 

harmless  coloring  matter,  which  is  in  semblance  of  butter  or  cheese  and  designed 
as  a  substitute  for  such.  Shall  not  be  colored  to  imitate  butter  or  cheese,  and 
must  be  in  such  form  as  will  advise  consumer  of  its  real  character.  Every  pack- 
age must  be  plainly  marked  "  Substitute  for  butter,''  or  ''Substitute  for  cheese," 
and  accompanied  by  a  statement  giving  name  of  manufacturer,  ingredients,  etc., 


11 

a  copy  of  which  must  be  given  to  each  purchaser,  with  verbal  notice  at  the  time 
of  sale,  in  connection  with  which  words  like  '•  creamery,"  "dairy."  etc..  are  pro- 
hibited. Patrons  of  eating  places  shall  be  notified  if  substitutes  of  butter  or  cheese 
are  used.  Prohibited  in  State  charitable  institutions.  Process,  or  renovated,  but- 
ter.— Butter  made  from  stale,  rancid,  or  decomposed  butter  shall  be  plainly 
labeled  "  Process  butter"  or  ••  Renovated  butter." 

State  veterinarian  may  order  slaughter  of  diseased  animals  at  expense 

of  owners. 
County  district  attorneys  shall  prosecute  offenders. 

COLORADO. 

The  dairy  commissioner,  appointed  by  the  governor,  shall  be 
Dairy  commissioner.  J        .  .    r r 

a  practical  dairyman;  period  of  office,  two  years;  salary,  $1,200. 

May  employ  a  deputy  at  salary  of  $1.000  per  year  and  a  chemist1  at  $10  per  day. 

State  appropriation  $2.000  per  annum  for  1895  and  1896. 

Milk.     (No  law.) 

Butter.     (No  law.) 

All  cheese  must  be  branded,  with  brands  procured  from  the  dairy  com- 
missioner. "Colorado  full-cream  cheese."  if  not  less  than  35  per  cent  of 

total  solids  consists  of  butter  fat;  all  containing  less  than  this  amount  of  fat, 

••  Skim  cheese." 

All  articles  not  produced  from  pure  milk  or  cream,  in 
Imitation  butter  and  cheese.      .....          -  , 

imitation  at  pure  cheese  or  yellow  butter,  are  prohibited; 

but  oleomargarine  and  filled  cheese  are  permitted  if  free  from  color  or  other 
ingredient  to  cause  them  to  look  like  butter  or  cheese.  They  must  be  made  in  such 
form  and  sold  in  such  manner  as  will  advise  the  consumer  of  their  real  character. 
Imitation  cheese. — Cheese  containing  any  foreign  fats,  oleaginous  substances, 
rancid  butter,  etc.,  shall  be  branded  "  Imitation  cheese." 

Miscellaneous.      (No  law.) 

CONNECTICUT. 
The  dairy  commissioner  is  appointed  by  the  governor;  period 

Dairy  commissioner.  . 

of  office,  two  years:  salary,  $1 ,500  per  year.     He  may  appoint  a 

deputy  at  salary  of  $1.300  per  year.     (Office  expenses  limited  to  $1,001)  per  year.-) 

Two  thousand  five  hundred  dollars  annually  appropriated  to  the  Connecticut 

Agricultural  Experiment  Station  to  carry  out  the  provisions  of  the  pure-food  act. 
Connecticut  Agricultural  Experiment  Station  may  fix  standard.  Skimmed 
milk. — Skimmed  milk  must  be  plainly  labeled.  Adulterated  in  ilk.  — The  sale 

or  delivery  of  adulterated,  tainted,  or  diseased  milk  to  a  butter  or  cheese  factory 

is  prohibited. 

Butter.     Tub  butter  in  prints,  pats,  etc..  must  be  labeled  "  Tub  butter.'' 

(heexe.      (No  law.) 

Imitation  butter,  defined  as  any  article  resembling  butter  in  ap- 

I Dilution  butter. 

pearance  and  not  made  wholly,  salt  and  coloring  matter  excepted. 
from  cow's  milk,  is  prohibited;  but  oleomargarine  or  imitation  butter,  free  from 
color  or  other  ingredient  to  cause  it  to  look  like  butter,  and  made  in  such  form  and 
sold  in  such  manner  as  will  advise  consumer  of  its  real  character,  is  permitted. 
Words  like  "butter."  "dairy. "etc. .shall  not  form  a  part  of  it;1  name  or  appear  on 
its  package.  Imitation  butter  shall  l>e  sold  only  in  labeled  pac 'cages,  or  registered 
places  which  display  signs  provided  by  the  dairy  commissioner,  and  purchasers 


1  See  footnote,  I>RKU  -Ml.  "  ht'o  footnote,  I>UK<-  41. 


12 

shall  be  informed  orally  of  the  character  of  the  article  at  the  time  of  sale.     Use  of 

imitation  butter  in  public  eating  places,  bakeries,  etc.,  must  be  made  known  by 

signs. 

Imitation  cheese.      (  No  law.  ) 

Miscellaneous.       (No  law.) 

Any  article  of  food  or  drink  is  deemed  adulterated  if  any  inferior  or 
injurious  substance  has  been  added  to  it.  if  any  valuable  constituent  has 
been  removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  colored  to 
conceal  inferiority,  if  it  contains  any  preservative  not  known  to  the  purchaser,  if 
it  is  decomposed  or  diseased,  or  the  product  of  a  diseased  animal,  etc.  With 
certain  exceptions,  such  articles  are  prohibited. 

DELAWARE. 
Milk.     (No  law.) 

Butter.      (No  law.) 
Cheese.      (No  law. ) 

The  manufacture  or  sale  of  any  article  not  produced 
Imitation  butter  and  cheese.      „  ,       ... 

trom  unadulterated  milk  or  cream,  which  is  in  imitation 

of  pure  yellow  butter  or  designed  to  take  the  place  of  pure  cheese,  is  prohibited; 
but  oleomargarine  is  permitted  if  in  a  distinct  form,  free  from  butter  color,  and 
sold  in  such  manner  as  to  show  its  real  character.  It  shall  be  plainiy  marked 
"  Oleomargarine." 

Miscellaneous.    *  (No  law.  ) 

^  DISTRICT  OF  COLUMBIA. 

Milk  stahda^fl;  9  per  cent  solids  not  fat,  3i  per  cent  fat.  Permit  to  sell  milk 
must  be  obtained  from  health  officer,  who  issues  regulations  for  the  govern- 
ment of  dairies  ajrfl  the  sale  of  miik.  Skimmed  milk. — Skim-milk  standard,  9.3 
per  cent  total  solids.  Must  be  plainly  marked  '•  Skim  milk."  Adulterated  milk. — 
Diseased  and  unwholesome  milk  is  prohibited.  Cream. — Cream  standard,  20  per 
cent  fat. 

Butter  and  cheese  shall  be  made  exclusively  of  milk  or  cream. 
Butter  and  cheese.  .,        „ 

with  or  without  common  salt.     Batter. — Butter  standard,  83  per 

cent  fat  and  not  more  than  12  per  cent  water  or  5  per  cent  salt. 

Substances  in  semblance  of  butter  or  cheese,  not  made 
Imitation  butter  and  cheese.  .     ,        .       ...  .  .      . 

exclusively  of  milk  or  cream,  but  with  the  addition  of 

melted  butter  to  take  the  place  of  cream,  or  any  oil,  shall  be  plainly  branded  on 
each  package  "  Oleomargarine,''  and  a  label,  similarly  printed,  must  accompany 
each  retail  sale. 

Miscellaneous.      (Nolaw.) 

Any  food  or  drink  is  deemed  adulterated  if  any  inferior  or  injurious 

substance  has  been  mixed  with  it.  if  any  valuable  constituent  has  been 

removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  decomposed  or 

diseased,  if  it  is  colored  to  conceal  inferiority,  etc.     With  certain  exceptions,  which 

shall  be  made  known  to  the  purchaser,  such  articles  are  prohibited. 

FLORIDA. 
Milk.     (Nolaw.) 

Butter.      (No  law.) 
Cheese.     (No  law.) 

The  sale  of  any  spurious  preparation,  purporting  to  be  butter,  is 
Imitation  butter.  ,.-...  -,  ^  ..%  i  ...  , 

prohibited.  G-uests  at  hotels,  etc.,  must  be  notified  it  oleomarga- 
rine or  other  spurious  butter  is  used. 


13 

Imitation  cheese.      (Nolaw.) 

Miscellaneous.      ( No  law ) . 

The  sale  of  any  unwholesome  provisions  without  knowledge  of  the 
buyer  and  the  adulteration  of  any  food  with  substance  injurious  to 

health  are  misdemeanors. 

GEORGIA. 

Milk  standard.  31  per  cent  fat,  8£  per  cent  solids  not  fat.     Skimmed  milk. — 
Skimmed  milk  is  defined  as  rnilk  below  the  standard.     Adulterated  milk. — 
The  sale  of  adulterated,  impure,  or  diseased  milk  is  prohibited. 

Butter.      (Nolaw.) 
Cheese.      (No  law). 

Imitation  butter  or  cheese  is  denned  as  any  article  not 

Imitation  butter  and  cheese. 

produced  from  pure  milk  or  cream— salt,  rennet,  and 

coloring  matter  excepted — in  semblance  of  butter  or  cheese  and  designed  to  be 
used  as  a  substitute  for  either.  Shall  not  be  colored  to  resemble  butter  or  cheese. 
Every  package  must  be  plainly  marked  "Substitute  for  butter  "or  "Substitute 
for  cheese,"  and  each  sale  shall  be  accompanied  by  verbal  notice  and  by  a  printed 
statement  that  the  article  is  an  imitation,  the  statement  giving  also  the  name  of 
the  producer.  The  use  of  these  imitations  in  eating  places,  bakeries,  etc.,  must 
be  made  known  by  signs. 

Miscellaneous.      (No  law.) 

IDAHO. 
Milk.     (No  law.) 

Butter.      (Nolaw.) 
Cheese.      (No  law.) 

Oleomargarine,  butterine,  imitation  butter,1 

Imitation  butter.  .«*.».  u          j     i     n 

butter  shall  be  branded  when  sold,  and  shall 

Imitation  cheese.      (No  law. ) 
Miscellaneous.       ( No  law.  ) 

The  adulteration  of  any  article  of  food  or  drink  with  fraudulent  intent, 
or  sale  of  same  as  unadulterated,  is  a  misdemeanor. 

ILLINOIS. 
The  State  food  commissioner  is  appointed  by  the  governor; 

State  food  commissioner. 

first  term  alter  passage  ot  law,  two  years;  thereafter  four 

years;  salary,  $'2.500  per  annum.  He  may  appoint  two  assistant  commissioners, 
one  an  expert  on  dairy  products,  the  other  a  chemist  to  be  known  as  State  analyst, 
at  $1,800  each  per  year,  and  not  exceeding  six  inspectors  at  §3  per  day.  His  au- 
thority extends  to  all  foods.  State  board  of  health  shall  assist  in  collecting  sam- 
ples, and  State's  attorney  shall  prosecute  cases.  Annual  reports  are  made  to  the 
governor,  and  the  publication  of  monthly  bulletins  is  authorized.  One  thousand 
five  hundred  dollars  is  appropriated  for  the  establishment  of  a  chemical  laboratory, 
and  $f>00  per  year  for  its  maintenance. 

Milk  standard,  12  per  cent  total  solids,  3  per  cent  fat  (must  be  from  healthy 
cows  and  free  from  preservative).1  Cans  and  vehicles  used  in  the  retail 
trade  of  milk  shall  be  marked  with  the  dealer's  name  and  the  locality  whence  milk 
comes.  Cream.  —  (Coffee  cream  shall  contain  at  least  1.1  per  cent  fat  and  whip- 
ping cream  22  percent  fat.)1  Skimmed  milk.— Skimmed  milk  may  be  sold  as  such, 
and  each  can  or  vessel  shall  be  plainly  marked  "Skimmed  milk."  Condensed 
milk. — (Condensed  milk  shall  be  made  from  milk  containing  at  least  3  per  cent  of 
butter  fat  and  evaporated  to  one-third  or  less  of  original  volume.  The  word 


Set1  footnote,  ]Higu  45. 


14 

"cream  "  on  cans  is  evidence  of  fraud;  condensed  skim  milk  must  be  so  labeled. 
Canned  goods  must  be  labeled  to  show  grade,  and  name  of  manufacturer. ) '  The 
addition  of  sugar  to  condensed  milk  is  permitted.  Adulterated  milk. — The  sale  of 
adulterated  or  diseased  milk,  or  its  delivery  to  a  factory,  is  prohibited.  Adultera- 
tion after  delivery  to  a  factory  is  a  misdemeanor. 

(Shall  contain  at  least  80  per  cent  fat. ) ' 
Butter. 

Cooperative  creameries  and  butter  factories  shall  give  bond  in  the  penal 
sum  of  §6,000  and  keep  a  monthly  report  of  their  operations  posted  conspicuously 
in  factory  for  the  inspection  of  patrons. 

(•'Whole  milk''  cheese  must  contain  at  least  48  per  cent  fat  to  total 
Cheese.  ,., 

solids. ) ' 

Imitation  butter  is  denned  as  any  article  not  produced  from  pure 

Imitation  butter.  J  .  .     -,      • 

milk  or  cream — salt,  rennet,  and  coloring  matter  excepted — in 
semblance  of  butter  and  designed  to  be  used  as  a  substitute  for  it.  Shall  not  be 
colored  to  resemble  butter.  All  packages  must  be  plainly  branded  "Oleomarga- 
rine.'' ''Butterine,"  ''Substitute  for  butter/'  or  '-Imitation  butter."  Each  sale 
shall  be  accompanied  by  notice  to  the  purchaser  that  the  substance  is  imitation 
butter.  (Imitation  butter  shall  not  be  sold  as  "  Creamery  "  or  "  Dairy.") ' 

The  State's  attorney  is  charged  with  enforcement  of  the  law  relating  to  •'  Sub- 
stitutes for  butter." 

Imitation  cheese  must  be  distinctly  marked  with  true  and  appro- 
imitation  cheese.  .  ,  ..  ,  .,  ,  ,  ,  , 

priate  name  of  the  article,  and  label  bearing  such  name  must  be 

delivered  with  same  when  sold. 

Miscellaneous.    Care  and  food  of  dairy  cows  regulated. 

An  article  of  food  is  diseased  and  adulterated  when  inferior  substances 
have  been  mixed  with  it:  when  any  valuable  constituent  has  been 
abstracted:  if  it  is  an  imitation  of  or  sold  as  another  article:  if  it  is  altered  to  con- 
ceal inferiority:  if  it  contains  any  poisonous  or  injurious  substance:  if  it  is  decom- 
posed or  from  an  unhealthy  animal,  etc.  With  certain  common  exceptions  and 
labeled  articles,  all  such  are  prohibited. 

INDIANA. 
The  State  health  officer  is  designated  State  inspector  of  foods 

Inspector  of  foods.  , 

and  drugs.  The  State  board  of  health  investigates  adulterations 
of  foods  and  establishes  measures  for  enforcement  of  the  law.  Health  officers 
throughout  the  State  act  as  food  inspectors. 

(Milk  standard.  3  per  cent  fat.  0  per  cent  solids  not  fat.)-    Adulterated 
milk. — The  sale  of  adulterated,  diseased,  etc..  milk  to  anyone  or  its  delivery 
to  a  factory  is  prohibited.     (Use  of  any  coloring  matter  or  antiseptic  is  an  adul- 
teration: milk  fiom  a  cow  near  time  of  parturition  or  diseased  or  improperly  fed 
is  considered  adulterated. )- 

( Butter  and  cheese  shall  be  made  exclusively  from  milk  and 

Butter  and  cheese.  .,.  ,     ,,        , 

cream,  with  or  without  salt  or  [enumerated]  coloring  matters, 
etc.)-'  The  use  of  poisonous  or  deleterious  substances  in  their  manufacture  is  pro- 
hibited. Butter. — (Denned,  shall  contain  at  least  80  per  cent  fat  and  not  over  15 
per  cent  water  or  6  per  cent  salt,  and  shall  contain  no  foreign  fat  nor  preserva- 
tive, etc.)-  Ctieese.  —  (Cheese  containing  any  antiseptic  other  than  salt  shall  be 
considered  adulterated  unless  labeled  with  name  of  antiseptic.)2  Skimmed 
cheese. — (Cheese  containing  less  than  10  per  cent  fat  shall  be  plainly  marked 
' '  Skim-milk  cheese. ")  - 

1  See  footnote,  page  45.  2  See  footnote,  p.  48. 


15 

Butter  other  than  that  made  from  pure  milk,  when  sold  or  used 

Imitation  butter.      .  .  .          .    .    .      .    , 

in  hotels,  etc..  mast  be  plainly  labeled  ''Oleomargarine.  (Mar- 
garine is  defined:  considered  adulterated  if  it  contains  over  15  per  cent  water  or  6 
per  cent  salt  or  any  glucose  or  preservative  or  other  than  certain  colors. ) ' 

(Cheese  containing  any  other  fats  than  milk  fats  shall  be  plainly 

Imitation  cheese.  ,          .„    ,  . 

marked  "  Filled  cheese.  )' 

Miscellaneous.      (No  law. ) 

An  article  of  food  is  deemed  adulterated  when  inferior  substances  have 
been  mixed  with  it;  when  any  valuable  constituent  has  been  abstracted; 
if  it  is  in  imitation  of  or  sold  as  another  article;  if  it  is  decomposed  or  from  an 
unhealthy  animal;  if  it  is  colored  to  conceal  inferiority;  if  it  contains  any  poison- 
ous or  injurious  substances,  etc.  With  certain  common  exceptions,  which  must 
be  labeled,  such  articles  are  prohibited.  (A  food  containing  an  antiseptic  shall  be 
considered  adulterated  unless  plainly  labeled  with  name  of  antiseptic  used.)' 

IOWA. 

The  dairy  commissioner  is  appointed  by  the  governor,   shall 
Dairy  commissioner.  « j    •      •  ma, 

have  practical  knowledge  of  dairying:  term  of  office,  two  years; 

salary.  $1,500  per  annum;  shall  give  bond  for  $10,000.  He  may  employ  clerical 
help  at  §75  per  month  and  an  agent  at  $3  per  day  in  each  city  of  over  10.000  inhabi- 
tants to  collect  milk  samples.  (In  addition  to  salary  of  the  commissioner,  an 
appropriation  of  $4.000  is  made  for  the  conduct  of  the  office.  )- 

Milk  standard,  ISA  per  cent  solids.  3  per  cent  fat.  Milk  dealers  in  cities 
shall  register  with  the  dairy  commissioner  and  receive  permits  from  him. 
Tests  of  milk  in  factories,  etc..  must  be  accurate:  certified  test  bottles  are  furnished 
by  the  commissioner.  Skimmed  milk. — Skimmed  milk  may  be  sold  as  such. 
Cream. — Standard.  15  per  cent  fat.  Adulterated  milk. — The  sale  of  adulterated, 
unwholesome,  and  diseased  milk,  or  delivery  to  a  factory,  is  prohibited. 

Butter.      (No  law.) 

Cheese.     Skimmed-milk  clieese. — Skimmed-rnilk  cheese  shall  be  plainly  marked. 

Imitation  butter  and  cheese  is  defined  as  any  article  not 

Imitation  butter  and  cheese.  .,          ,    ,  ... 

produced  from  pure  milk  or  cream — salt,  rennet,  and 

coloring  matter  excepted — in  semblance  of  butter  or  cheese  and  designed  to  be  sold 
as  a  substitute  for  either  of  them.  Shall  not  be  colored  to  resemble  butter  or 
cheese.  Every  package  shall  be  plainly  marked  ••  Substitute  for  butter  "  or  "Sub- 
stitute for  cheese,1'  and  each  sale  shall  be  accompanied  by  a  verbal  notice  and  by 
a  printed  statement  that  the  article  is  an  imitation,  the  statement  giving  also  the 
address  of  the  maker.  The  use  of  these  imitations  in  hotels,  bakeries,  etc.,  must 
be  made  known  by  signs. 

Persons  engaged  in  dairving  shall  keep  their  premises  in  hygienic 
Miscellaneous. 

condition  and  shall  report  statistics,  etc. ,  to  the  dairy  commissioner. 
Care  of  cows  is  regulated. 

KANSAS. 

Adulterated  milk.— The  sale  of  adulterated,  skimmed,  tainted,  or  diseased 
milk,  or  its  delivery  to  any  butter  or  cheese  factory,  is  prohibited. 

Butter.  (No  law.) 
Cheese.  (No  law.) 
Imitation  butter.  (No  law. ) 


See  footnote.  jHttfe  4S.  *  Sw  footnote, 


16 

Imitation  cheese.      (No  law.) 

Miscellaneous.      (No  law.) 

An}-  article  of  food  or  drink  is  deemed  adulterated  if  any  injurious  or 
inferior  substance  has  been  added  to  it,  if  any  valuable  constituent  has 

been  removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  diseased  or 

tainted,  if  it  is  colored  to  conceal  inferiority.     With  certain  exceptions,  which 

must  be  plainly  labeled,  such  articles  are  prohibited. 

KENTUCKY. 

Skimmed  milk. — Skimmed  milk  shall  not  be  sold  with  intent  to  defraud. 

Adulterated  milk. — Adulterated  milk,  or  milk  from  a  diseased  animal  or  an 
animal  fed  on  •'  brewers'  slop,"  etc.,  shall  not  be  sold  or  used  in  the  manufacture 
of  butter  or  cheese. 

Butter.      (No  law. ) 
Cheese.      (No  law.) 

Oleomargarine,  butterine.  or  kindred  compound,  made  in  such 

Imitation  butter.  . 

form  and  sold  in  such  manner  as  will  advise  the  customer  of  its 

real  character,  and  free  from  color  or  other  ingredient  to  cause  it  to  look  like 
butter,  is  permitted. 

Imitation  cheese.      (No  law.) 
Miscellaneous.      (No  law.) 

An  article  of  food  or  drink  is  deemed  adulterated  if  any  inferior  or 
injurious  article  has  been  added  to  it,  if  it  is  an  imitation  of  or  sold  as 
another  article,  if  it  is  colored  to  conceal  inferiority,  if  it  is  diseased  or  decom- 
posed, etc.;  such  articles  are  prohibited.  Inspections  and  analyses  are  made 
under  the  supervision  of  the  Kentucky  Experiment  Station.  Falsely  branding 
products  to  be  sold  is  prohibited. 

LOUISIANA. 
Milk.     (No  law.) 

"Wholesale  packages  of  butter  and  cheese  and  packages  from 

Butter  and  cheese.  .  ,.-11.111 

which  these  are  sold  at  retail  shall  be  stamped  to  show  true 
quality. 

Such  substances  as  oleomargarine,  butterine,  bogus  butter,  etc., 

Imitation  butter.       ,     ,,  ,         i-iii.iij.-j-  ^i     •  •  .,.•  m,       '    ,     -.1 

shall  be  plainly  labeled  to  indicate  their  composition.     They  shall 
not  be  sold  as  butter. 

Imitation  cheese.      (No  law. ) 
Miscellaneous.      (Nolaw.) 

An  article  of  food  or  drink  is  deemed  adulterated  if  an  y  inferior  or  inju- 
rious substance  has  been  added  to  it.  etc.     Such  are  prohibited.    The 

State  board  of  health  is  charged  with  the  investigation  of  adulterations  of  foods; 

analyses  may  be  published. 

MAINE. 

Milk  standard,  12  per  cent  solids.  3  per  cent  fat.  All  glassware  used  for 
testing  milk  delivered  at  factories  must  be  tested  for  accuracy  under  the 
direction  of  the  director  of  the  experiment  station.  Specific  gravity  of  sulphuric 
acid  used  in  testing  milk  or  cream  must  be  at  least  1.82.  Persons  using  the  Bab- 
cock  test  for  apportioning  the  value  of  milk  or  cream  must  hold  a  certificate  from 
the  superintendent  of  the  dairy  school  of  the  State  College  of  Agriculture. 
Skimmed  milk. — Skimmed  milk  must  not  be  sold  as  pure  milk.  Adidterated 
milk. — Sale  of  adulterated  and  diseased  milk,  and  that  from  cows  fed  on  distillery 
or  brewery  refuse,  etc..  is  prohibited. 


17 

Milk  inspectors  shall  be  appointed  in  towns  of  more  than  3.000  inhabitants,  and 
may  be  appointed  in  smaller  towns.  They  are  required  to  keep  a  record  of  the 
names  and  addresses  of  all  dealers. 

Butter  and  cheese  are  defined  as  the  products  usually  so  called, 
Butter  and  cheese. 

and  manufactured  exclusively  trom  milk  or  cream,  with  salt  and 

jennet,  and  with  or  without  coloring  matter. 

Any  article  in  imitation  of  yellow  butter  or  cheese  and 
Imitation  butter  and  cheese.  ,      .  ,      .., 

not  made  exclusively  of  milk  or  cream  is  prohibited. 

Miscellaneous.      (No  law.) 

MARYLAND. 

All  persons  supplying  milk  to  cities  and  towns  shall  register  their  cattle 
with  the  live  stock  sanitary  board. 

The  mayor  and  city  of  Baltimore  shall  make  regulations  for  the  sale  and  pro- 
vide by  ordinance  for  the  inspection  of  milk  and  food  products;  shall  provide  for 
and  fix  compensation  of  inspectors  and  analysts. 
Butter.     (No  law.) 
Cheese.    Cheese  made  from  pure  skimmed  milk  is  permitted. 

The  manufacture,  sale,  transfer,  etc.,  of  any  article  containing 
Imitation  butter. 

any  fat  or  oil  not  produced  wholly  trom  pure  milk  or  cream,  and 

which  is  in  imitation  of  pure  yellow  butter,  is  prohibited;  but  oleomargarine, 
free  from  color  to  cause  it  to  look  like  yellow  butter  and  made  in  such  form,  and 
sold  in  such  manner  as  will  advise  the  purchaser  and  consumer  of  its  real  char- 
acter, is  permitted.  Placards  reading  "Oleomargarine  sold  here"  shall  be  dis- 
played where  it  is  sold:  it  shall  not  be  sold  as  butter;  it  shall  not  be  used  in  public 
eating  places,  hospitals,  schools,  etc..  unless  guests  or  inmates  are  orally  informed 
and  signs  are  displayed  reading  "Oleomargarine  used  and  served  here." 
Imitation  cheese.  (No  law. ) 

The  live  stock  sanitary  board  shall  have  inspected,  at  least  annu- 
ally, all  premises  where  cows  are  kept  and  enforce  rules  for  sanitary 
conditions — proper  construction  of  stables,  cleanliness,  care  of  cows.  etc.    At 
request  of  owners  shall  furnish  certificates  of  health  when  the  rules  are  complied 
with.    Appropriation  for  expenses.  $3,000  annually. 

Diseased,  corrupted,  or  unwholesome  milk  or  other  foods  shall  not  be 

Pure  food 

sold.  Mixing  or  coloring  any  article  of  food  or  drink  with  any  ingre- 
dient for  gain,  unless  same  is  handled  under  its  true  name  and  its  package  is 
plainly  marked,  etc..  is  prohibited. 

State  board  of  health  is  given  special  powers  and  assistance  to  detect  and  expose 
adulterations  and  corruptions  of  foods  and  to  conduct  prosecutions.  Two  thou- 
sand five  hundred  dollars  are  annually  appropriated  for  making  chemical  and 
scientific  examinations  of  suspected  foods  and  drinks. 

MASSACHUSETTS. 

The  governor  shall  appoint  three  members  of  the  board  of  agricul- 
ture to  constitute  a  dairy  bureau;  term  of  office,  three  years;  com- 
pensation, $5  per  day  of  actual  service.  Secretary  of  board '  is  executive  officer  of 
the  bureau,  and  receives  therefor  $">00  per  annum  in  addition  to  salary  from  board. 
Governor  may  appoint  an  assistant  to  the  secretary:  salary.  $1,200  per  annum. 
Agents,  assistants,  experts,  etc.,  may  l>e  employed  when  necessary.  Expenditures 
limited  to  $7,000  a  year. 

1  S»-«  flrwt  footnot*1,  paaps  5-1. 

1(X):J4—  No.  -»0— (MJ -2 


18 

I 

Milk  standard  from  April  to  September.  12  per  cent  total  solids— 9  per  cent 
solids  not  fat,  3  per  cent  fat;  in  other  months.  13  per  cent  total  solids — 9.3 
per  cent  solids  not  fat,  3.7  per  cent  fat.  Milk  dealers  are  registered  and  peddlers 
are  licensed.  Skimmed  milk.— Skimmed  milk  includes  that  below  the  standard 
for  pure  milk.  It  must  contain  at  least  9.3  per  cent  solids  not  fat  and  be  plainly 
marked  "Skimmed  milk."  Condensed  milk. — Condensed  milk  must  be  labeled 
with  name  of  manufacturer;  if  in  hermetically  sealed  packages,  brand  and  con- 
tents must  be  given.  Adulterated  milk. — The  sale  of  adulterated,  diseased,  or 
below-standard  milk,  or  its  possession  with  intent  to  sell,  is  prohibited.  Convic- 
tions for  selling  adulterated  milk  are  advertised  in  the  newspapers. 

Milk  inspectors  are  appointed  by  the  mayor  and  aldermen  of  cities  and  selectmen 
of  towns. 

For  the  purpose  of  an  early  act.  butter  and  cheese  are  defined  as 

Butter  and  cheese. 

products  usually  known  by  these  names  and  made  exclusively 
from  milk  or  cream,  with  salt  or  rennet,  and  with  or  without  coloring  matter. 

The  sale,  or  possession  with  intent  to  sell,  of  an  article  made 

Imitation  butter.  „  .. 

wholly  or  partly  out  of  any  fat  or  oil.  etc..  not  from  pure  milk 

or  cream  and  which  is  in  imitation  of  yellow  butter,  is  prohibited;  but  oleomar- 
garine, free  from  color  or  other  ingredient  to  cause  it  to  look  like  butter,  and 
made  in  such  form  and  sold  in  such  manner  as  will  advise  the  consumer  of  its 
real  character,  is  permitted.  It  shall  not  be  sold  as  butter,  nor  shall  words  like 
"dairy."  "creamery."  etc..  or  the  name  of  any  breed  of  dairy  cattle  be  used  in 
connection  with  it.  All  packages  exposed  for  sale  must  be  plainly  marked  -'Oleo- 
margarine,1' and  labels  similarly  marked  must  accompany  retail  sales.  Stores 
where  it  is  sold  and  wagons  used  for  delivery  must  display  signs,  and  hotels,  etc., 
using  it  must  notify  guests.  Persons  selling  oleomargarine  must  be  registered 
and  conveyers  licensed.  Renovated  butter. — Renovated  or  process  butter  shall  be 
plainly  labeled  -'Renovated  butter.'' 
Milk  inspectors  are  charged  with  the  inspection  of  imitation  butter. 

All  articles  in  imitation  of  or  intended  as  substitutes  for  cheese, 
Imitation  cheese.  . 

not  made  exclusively  of  milk  or  cream,  etc.,  must  be  plainly 

marked  •' Imitation  cheese."  Labels  similarly  marked  must  accompany  retail 
sales. 

Milk  inspectors  are  charged  with  the  inspection  of  imitation  cheese. 
Miscellaneous.     Feeding  garbage  to  milch  cows  is  prohibited. 

MICHIGAN. 

The  dairy  and  food  commissioner  is  appointed  by  the 
Dairy  and  food  commissioner.  „      _ 

governor:  term  of  office,  two  years:  salary,  $1,200  per 

year:  must  give  bond  for  $10,000:  shall  appoint  a  deputy  commissioner  at  $1,000 
and  a  chemist  at  not  more  than  $1,200  per  year,  and  may  appoint  two  clerks  at 
$60  per  month  each,  six  inspectors  at  $3  per  day,  and  an  assistant  chemist  at  $1,000 
per  year.  Authority  extends  to  all  food  and  drink  products.  Commissioner  shall 
make  detailed  annual  reports  to  Ihe  governor  and  issue  popular  monthly  reports 
on  foods,  adulterations,  etc.  Annual  appropriation,  $18,000. 

Milk  standard,  124  per  cent  total  solids,  3  per  cent  fat.  specific  gravity, 
between  1.029  and  1.033.    Skimmedmilk. — The  specific  gravity  of  skimmed 
milk  must  be  between  1.032  and  1.037.     It  may  be  sold  for  what  it  is  from  cans 
plainly  labeled  "Skimmed  milk."    Adulterated  milk. — The  sale  of  adulterated, 
diseased,  preserved,  etc.,  milk  to  any  person,  or  its  delivery  to  a  factory,  is  pro- 
hibited.   Milk  from  sick  cows  or  those  fed  on  distillery  refuse,  etc.,  is  forbidden. 
The  police  commissioners  of  Detroit  shall  appoint  an  officer  to  act  as  milk 
inspector  in  that  city.    He  shall  inspect  dairies,  milk  shops,  etc. ,  in  Wayne  County. 


19 

Common  councils  or  boards  of  trustees  in  cities  and  towns  may  appoint  and  fix 
the  compensation  of  milk  inspectors. 

Butter  and  cheese  shall  not  contain  anv  poisonous  or  deleterious 
Butter  and  cheese.  .    ,  ,    ." 

substance.     Proprietors  or  butter  and  cheese  i  actones  purchasing 

milk  from  more  than  three  persons  shall  register  with  the  dairy  and  food  commis- 
sioner. Cheese. — A  registered  brand,  with  a  suitable  device,  and  the  words 
"Michigan  full-cream  cheese/' for  use  on  full-cream  cheese  and  their  packages, 
will  be  furnished  for  $1  to  factories  applying  to  the  commissioner.  False  brands 
are  prohibited. 

Oleomargarine  is  defined  as  any  substance  formerly  known  bv  this 
Imitation  butter.  «  .  *. 

or  similar  name,  or  as  certain  extracts  or  mixtures  ot  fats,  oils, 

etc.,  made  in  imitation  of  or  to  be  used  as  butter.  E  ery  package  must  be  plainly 
labeled  with  true  name,  the  address  of  the  mar.u  acturer.  and  the  names  of  all 
ingredients.  The  use  of  dairy  terms  in  connection  with  its  sale  is  forbidden. 
Placards  must  be  displayed  where  it  is  sold  and  in  public  eating  places  where  it  is 
served.  Verbal  information  and  printed  notice  must  accompany  each  sale. 
Process  butter. — Process  butter  must  be  plainly  labeled. 

Anv  article  in  semblance  of  pure  cheese,  containing  melted  butter 
Imitation  cheese.  ,      . 

or  tats,  or  oils  not  produced  from  milk,  is  prohibited. 

Miscellaneous.     (No  law. ) 

An  article  of  food  is  deemed  adulterated  when  inferior  substances  have 
been  mixed  with  it :  when  any  valuable  constituent  has  been  abstracted; 
if  it  is  in  imitation  of  or  sold  as  another  article:  if  it  is  decomposed  or  from  an 
unhealthy  animal;  if  it  is  colored  to  conceal  inferiority;  if  it  contains  any  poison- 
ous or  injurious  substances,  etc.  With  certain  common  exceptions,  such  articles 
are  prohibited. 

MINNESOTA. 

The  dairy  and  food  commissioner  is  appointed  bv  the 
Dairy  and  food  commissioner. 

governor.     Term  of  office,  two  years:  salary,  $1,800  per 

annum.  He  may  appoint  an  assistant  commissioner  at  a  salary  of  $1,500  per  year, 
a  chemist  at  $1,500  per  year,  a  secretary  at  $1.'200  per  year,  and  an  assistant  chem- 
ist and  necessary  inspectors  at  $100  per  month  each.  Biennial  reports  are  made 
to  the  legislature.  May  issue  bulletins.  His  authority  extends  to  other  foods. 
Fifteen  thousand  dollars  is  annually  appropriated  for  his  work. 

Milk  standard,  13  per  cent  solids,  34  per  cent  fat.  Persons  receiving  milk 
shipped  by  train  or  cars  must  empty  the  vessels  before  the  milk  is  sour  and 
immediately  clean  them.  Milk- testing  apparatus  must  be  standard.  Cream. — 
Cream  standard.  20  per  cent  fat.  Skimmed  milk. — Skimm<  d  milk  may  be  used 
for  making  skim  cheese.  Cans  containing  skimmed  milk  for  sale  must  be  plainly 
marked  ''Skimmed  milk."  Adulterated  milk. — Unclean,  unhealthy,  adulterated, 
etc.,  milk  includes  that  drawn  from  cows  near  the  time  of  parturition,  or  fed  on 
distillery  waste,  etc.  (ensilage  excepted).  Its  sale  or  exchange  or  delivery  to  any 
factory,  or  its  use  for  making  cream  or  any  food,  is  prohibited.  The  use  of  pre- 
servatives is  prohibited. 

Milk  shippers  and  sellers  shall  make  detailed  reports  to  commissioner. 

Milk  dealers  in  towns  of  more  than  1,000  inhabitants  shall  annually  obtain  from 
the  commissioner,  at  the  cost  of  $1.  a  license  and  give  certain  information  regard- 
ing the  conduct  of  their  business. 

Any  city  council  may  provide  for  the  inspection  of  milk,  dairies,  and  herds 
supplying  milk  for  city  use. 

Use  of  preservatives  is  prohibited.     Unless  all  the  milk  delivered 

Butter  and  chfe»«'.      . 

is  Ixmght  by  a  factory,  none  of  it  shall  l>e  used  bv  the  operators 


20 

for  themselves  without  the  consent  of  the  owners.  Factories  shall  keep  a  detailed 
account  of  their  operations,  open  to  the  inspection  of  patrons.  Factory  proprie- 
tors shall  make  detailed  reports  to  the  commissioner.  Cheese.  —At  least  45  per 
cent  of  the  total  solids  of  cheese  must  be  fat.  It  shall  not  be  falsely  branded. 
A  registered  brand  with  a  motto  and  the  words  "Minnesota  State  full-cream 
cheese, "for  use  on  full-cream  cheese  and  their  packages,  is  issued  to  factories 
upon  application  to  the  commissioner.  Skim  cheese. — Skhn  cheese  is  that  below 
the  standard  for  full-cream  cheese.  It  is  permitted  if  the  packages  are  plainly 
marked  "  Skim  cheese."  A  placard  must  be  displayed  where  it  is  sold. 

The  manufacture  or  sale  of  any  substance  in  imitation 
Imitation  butter  and  cheese. 

of  butter  or  cheese  is  prohibited. '  Coloring  oleomarga- 
rine to  resemble  butter  is  prohibited.  Notice  of  use  of  oleomargarine  in  public 
eating  places  must  be  given.  Patent  butter. — Butter  made  by  any  process  by 
which  casein  and  other  ingredients  of  milk  are  made  to  replace  pure  fat  shall  be 
plainly  marked  "Patent  butter,''  and  a  printed  card  stating  its  ingredients  shall 
be  given  to  each  purchaser.  Renovated  butter. — Every  package  of  process,  or 
renovated,  butter  shall  be  plainly  labeled  "Renovated  butter." 

Milch  cows  shall  not  be  kept  in  a  crowded  or  unhealthy  condition 
Miscellaneous. 

nor  fed  unwholesome  food  or  any  that  produces  impure  milk. 

The  adulteration  of  food  or  the  sale  of  adulterated  food  is  a  misde- 

Pure  food. 

meaner. 

MISSISSIPPI. 
Milk.     (No  law.) 

Butter.      (No  law.) 
Cheese.      (No  law.) 

Packages  of  oleomargarine  or   similarly  manufactured  butters 
Imitation  butter.  °          .  °  . 

shall  be  plainly  labeled  with  the  correct  name  of  their  contents, 

and  the  product  shall  be  sold  by  that  name.  A  privilege  tax  of  $5  is  imposed 
upon  persons  selling  the  articles  named. 

Imitation  oheese.      (No  law.) 

It  is  unlawful  to  milk  the  cow  of  another,  or  to  confine  her  with 
intent  to  take  her  milk,  without  the  consent  of  the  owner. 

MISSOURI. 
The  State  board  of  agriculture  is  charged  with  the  enf orce- 

State  board  of  agriculture.  .   ,,  .    ,.         ,     ,  ,     ,.,  ,     . 

ment  of  the  act  relating  to  butter  substitutes  and  cheese 
branding.     (Appropriation,  $5,000  for  two  years.) 2 

All  cities  and  towns  have  power  to  license  dairies,  provide  for  inspection, 

JlHK* 

etc. 

Butter.     (No  law.) 

Cheese  made  from  milk  testing  at  least  3  per  cent  fat,  or  cream  from  the 
same,  is  deemed  a  full-cream  cheese.     Skim  cheese. — Any  cheese  not  made 

from  pure  milk  testing  at  least  :•}  per  cent  fat,  or  cream  from  the  same,  shall  be 

plainly  branded  "  Skimmed-milk  cheese'1  or  "  Not  full-cream  cheese.''  and  its  true 

name  given. 

Imitation  butter  is  defined  as  every  article  not  produced  wholly 
Imitation  butter.  ...  ,.  ,,  j        j    i      •          i  j. 

from  pure  milk  or  cream,  made  in  semblance  or  and  designed  to 

be  used  as  a  substitute  for  pure  butter;  it  shall  not  be  sold  as  butter;  shall  not  be 
colored  to  resemble  butter  unless  it  is  to  be  sold  outside  the  State;  original  pack- 
ages shall  be  plainly  stamped  "Substitute  foi-  butter; "in  hotels,  etc.,  vessels  in 
which  it  is  served  must  be  marked  "Oleomargarine,"  or  " Impure  butter.'' 

1  See  footnote,  p.  62.  2  See  footnote,  page  66. 


21 

Any  article  not  produced  wholly  from  pure  milk  or  cream  and 

Imitation  cheese.       ,      .          ,  ,    .        ,.          ,  „    .  ....... 

designed  to  take  the  place  of  cheese  shall  have  its  original  pack- 
ages stamped  with  its  true  name. 

Miscellaneous.      (NolaW.) 

MONTANA. 
Milk.     (No  law.) 

Butter.      (No  law.) 
Cheese.      (No  law.) 

Any  article  in  semblance  of  butter  or  cheese,  and  not 

Imitation  butter  and  cheese.  *         ,     ..  ... 

made  wholly  from  milk  or  cream,  must  be  plainly  labeled 

"  Oleomargarine "  or  "  Imitation  cheese,  "and  a  printed  label  bearing  the  same 
word  or  words  must  be  delivered  to  the  purchaser  with  retail  sales.  Places  where 
these  articles  are  sold  or  used  must  display  signs,  and  information  as  to  their 
character  be  given  if  requested.  Dealers  must  pay  a  license  of  10  cents  a  pound 
on  each  pound  sold. 

Cows  shall  not  be  kept  in  unsanitary  places  or  fed  food  that  pro- 

Mi  see.  II  a  iii-oii  s.  * 

duces  unwholesome  milk. 

NEBRASKA. 
The  governor  of  the  State  is  food  commissioner  and  ap- 

Dpputy  food  commissioner.1 

points  a  deputy  at  a  salary  of  $1,500.  The  latter  holds 

office  at  pleasure  of  the  governor  and  must  be  a  person  with  knowledge  of  dairy 
products;  he  must  give  a  bond  for  $3,000:  may  employ  a  clerk  at  $75  per  month, 
and  a  chemist;  reports  annually  to  the  governor;  authority  extends  to  vinegar 
and  cider.  Appropriation  $5,000,  but  shall  not  exceed  revenue  from  act. 

Milk  and  cream  standards  may  be  established  by  the  food  commissioner. 

Adulterated  milk. — The  sale  of  adulterated,  skimmed,  diseased,  or  tainted 
milk,  or  its  delivery  to  a  factory,  is  prohibited. 

No  poisonous  or  deleterious  matter  shall  be  used  in  the  manti- 
Butter  «nd  cheese.  .  __,     ,-,*•,          •      , 

facture  of  butter  or  cheese.     Wholesale  dealers  in  butter  and 

cheese,  creameries,  cheese  factories,  and  skimming  stations  are  denned,  and  must 
pay  for  annual  permits  as  follows:  Wholesale  dealers,  $10;  creameries,  $10;  cheese 
factories,  $10;  skimming  stations,  $1.  Ladle  buffer.— Manufacturers  of  ladle  but- 
ter are  denned;  must  pay  $15  for  annual  permits. 

Use  of  cream  by  employees  of  a  factory  without  permission  of  patrons  is  pro- 
hibited. 

Imitation  butter  or  cheese  is  denned  as  any  article  made 

Imitation  butter  and  cheese.      . 

in  semblance  ot  and  designed  to  be  used  as  a  substitute 

for  pure  butter  or  cheese,  and  not  produced  wholly  from  pure  milk  or  cream:  the 
use  of  salt,  rennet,  and  harmless  coloring  matter  are  permitted.  These  articles, 
including  any  having  melted  butter  added  to  them,  shall  not  be  colored  to  resem- 
ble butter  or  cheese:  shall  be  plainly  marked  ''Imitation  butter  "or  "Imitation 
cheese:''  verbal  and  printed  information  of  the  character  of  the  articles  and  address 
of  the  maker  shall  be  given  at  time  of  sale:  signs  shall  be  displayed  in  public  eating 
places  where  used.  Manufacturers  and  dealers,  except  retailers,  shall  report 
monthly,  amounts  sold,  to  whom.  etc-.  Manufacturers  and  dealers  in  imitations 
are  defined  and  must  pay  for  annual  permits  as  follows:  Manufacturers  of  imita- 
tion butter  or  cheese,  $100;  wholesale  dea'ers  in  imitation  butter  or  cheese.  $~>0— 
this  not  required  from  manufacturers  who  sell  their  own  products  only;  retail 
dealers  in  imitation  butter  or  cheese,  $25. 


1  S««o  footnote,  page  117. 


22 

Miscellaneous.       I  No  law.  ) 

Anv  article  of  food  or  drink  is  deemed  adulterated  if  any  inferior  or- 

Pure  food.  .          . 

injurious  substance  has  been  mixed  with  it,  ir  any  valuable  constituent 
has  been  removed,  if  it  is  in  imitation  of  or  sold  as  another  article,  if  it  is  diseased, 
decomposed,  infected,  if  it  is  colored  to  conceal  inferiority,  etc.  With  certain 
exceptions,  which  shall  be  labeled,  such  articles  are  prohibited. 

NEVADA. 

Skimmed  milk. — Skimmed  milk  may  be  sold  as  such.     Adulterated  milk. — 
The  sale  or  exchange  of  adulterated  milk,  or  milk  from  cows  which  are 
improperly  cared  for,  or  fed  -'swill"  or  other  decomposed  matter,  is  a  misde- 
meanor. 

Milk  inspectors  are  appointed  and  their  compensation  fixed  by  board  of  county 
commissioners.  They  shall  inspect  milk  sold  by  venders  and  prosecute  violations. 

Butter.       (No  law. ) 
Cheese.      (No  law.) 

Anv  article  in  semblance  of  butter  but  not  made  exclusively  of 

Imitation  butter.  .     .  -,.*•.  .      ,,  •,       - 

milk  or  cream,  or  containing  melted  butter,  shall  be  in  packages 
plainly  marked  ••Oleomargarine." 

Imitation  cheese.       (No  law. ) 

Miscellaneous.     Care  of  cows  regulated. 

NEW  HAMPSHIRE. 

Milk  standard.  13  per  cent  solids.     It  shall  be  sold  by  wine  measure,  and  the 
capacity  of  vessels  shall  be  marked  upon  them.     Skimmed  milk.— Milk  from 
which  any  cream  has  been  removed  can  be  sold  only  from  vessels  plainly  marked 
"  Skimmed  milk.''    Adulterated  milk. — The  sale  of  adulterated,  unwholesome,  dis- 
eased, etc..  milk,  and  that  from  cows  fed  on  brewery  refuse,  etc..  is  prohibited. 

The  mayor  and  aldermen  of  cities  and  the  selectmen  of  towns  may  appoint  and 
fix  the  compensation  of  milk  inspectors.  In  towns  having  inspectors  all  milk 
dealers  must  register  and  obtain,  at  the  cost  of  .")0  cents  per  year,  a  license  which 
gives  lull  details  as  to  the  conduct  of  their  business.  Names  of  persons  convicted 
of  selling  adulterated  milk  are  published. 

'•Butter"  and  '-cheese"  are  understood  to  mean  the  products 
Butter  and  cheese.  . 

usually   known   by  those  names,  and  which  are  manufactured 

exclusively  from  milk  or  cream,  with  salt,  and  with  or  without  coloring  matter, 
and  i  f  cheese,  with  rennet. 

Any  article  not  made  whollv  from  unadulterated  milk  or 
Imitation  butter  and  cheese.  ,  .  .       .      .,    ,. 

cream  which  is  in   imitation  of  pure  yellow  butter  or 

cheese  is  prohibited,  unless  in  packages  plainly  marked  ''Adulterated  butter," 
'•  Oleomargarine,"  or  "  Imitation  cheese."  A  label  printed  with  the  words  on  the 
original  packatre  shall  be  delivered  with  each  retail  sale.  Oleomargarine  free 
from  color  or  ingredient  to  cause  it  to  look  like  butter,  and  made  in  such  form  and 
sold  in  such  manner  as  will  advise  the  consumer  of  its  real  character,  is  permit- 
ted. Notice  of  the  use  of  substitutes  for  butter  in  hotels,  etc. ,  shall  be  given  to 
patrons. 

The  State  board  of  agriculture  is  in  charge  of  the  enforcement  of  the  laws  on 
this  subject. 
Miscellaneous.      (No  law.) 


23 

NEW  JERSEY. 

Dairy  commissioner  is  appointed  by  State  board  of  health; 
Dairy  commissioner.  .      „          ,  , 

term  of  office,  three  years;  salary,  i^.OOO  per  annum.     He  may 

appoint  and  fix  the  compensation  of  such  assistants,  chemists,  agents,  clerks,  and 
counsel  as  are  necessary.  Expenses  are  limited  to  $10,000  per  year.  Authority  is 
extended  to  all  foods  and  drugs. 

Milk  standard,  12  per  cent  solids.  Skimmed  milk. — Skimmed  milk  shall  be 
sold  only  in  or  from  cans  plainly  marked  "Skimmed  milk."  In  cities  of 
the  first  class  it  is  prohibited.  Adulterated  milk. — The  sale  of  adulterated  or 
unwholesome  milk  or  its  delivery  to  a  cheese  factory  is  prohibited.  It  is  defined 
as  any  which  has  been  adulterated  by  the  addition  of  any  substance,  or  any  from 
cows  poorly  cared  for  or  fed  unwholesome  foods,  or  that  has  been  exposed  to 
infection  by  diseased  persons,  etc. 

It  is  unlawful  for  any  person  to  use  a  milk  can  belonging  to  another  and  marked 
with  the  owner's  name  or  initials  without  his  consent.  If  they  are  so  used  and 
found,  their  contents  may  be  emptied. 

The  terms  natural  butter  and  natural  cheese  are  taken  to  mean 
Batter  and  cheese.  ..    ,  ,      . 

the  products  usually  so  called,  made  exclusively  from  milk  or 

cream,  with  salt  and  rennet  and  with  or  without  coloring  matter  or  sage.  Each 
butter  or  cheese  package  must  be  branded  with  its  weight  and  the  name  of  the 
manufacturer. 

Any  article  made  wholly  or  partly  out  of  any  fat,  oil, 
Imitation  butter  and  cheese.  ..  .„  ._    ...          , 

etc.,  not  from  pure  milk  or  cream,  artificially  colored  in 

imitation  of  pure  yellow  butter,  is  prohibited:  but  oleomargarine  and  imitation 
cheese  are  permitted  if  free  from  artificial  color  and  in  original  package,  encircled 
by  a  wide  black  band  bearing  the  name  of  the  maker  and  having  the  name  of  the 
contents  plainly  branded  on  them  with  a  hot  iron.  Retail  sales  shall  be  accom- 
panied by  a  printed  card  on  which  the  name  of  the  substance  and  the  address  of 
the  maker  are  plainly  printed,  and  the  customer  shall  be  orally  informed  of  the 
character  of  the  article  at  the  time  of  sale. 

Cows  shall  be  properly  cared  for  and  fed.     Milch  cows  kept  in  towns 

Miscellaneous.        ,     ,,  .  .  ,    .  .  ,     .,  , 

shall  be  registered.     State  dairy  commissioner  shall  be  notified  when 
any  of  them  are  supposed  to  be  diseased. 

A  commission  of  five  is  appointed  by  the  president  of  the  State  board  of  agri- 
culture to  investigate  tuberculosis.  Owners  are  paid  half  value  of  condemned 
animals. 

An  article  of  food  or  drink  is  deemed  to  be  adulterated  it'  any  inferior 
or  injurious  substance  has  been  added  to  it.  it  any  valuable  constituent 
has  been  removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  diseased 
or  decomposed,  if  it  is  colored  to  conceal  inferiority,  etc.  With  the  exception  of 
articles  named  by  the  board  of  health  and  ordinary  articles  of  food,  which  shall 
be  branded,  such  articles  are  prohibited. 

NEW  MEXICO. 

city  council*.     City  councils  shall  provide  for  the  inspection  of  dairy  products. 
MIU.     (No  law.) 

Butter.      (No  law.) 
(  hee*e.      <  No  law. ) 
Imitation  hotter.      (No  law.) 
Imitation  cheese.       (  No  law. ) 
XNcellaneouN.      (NolaW.) 


24 

Any  article  of  food  or  drink  shall  not  be  knowingly  sold  if  it  is 
unhealthy,  or  if  any  valuable  constituent  has  been  removed  from  it.  or 

if  it  contains  ingredients  not  asked  for,  unless  notice  is  given  to  the  purchaser. 

The  use  of  an  injurious  coloring  matter  or  any  diseased  or  decomposed  substance 

in  the  manufacture  of  food  is  prohibited. 

NEW  YORK. 

Commissioner  of  agriculture  is  appointed  by  the  gov- 
Commissioner  of  agriculture.  ° 

ernor;   term  of  office,  three  years;  salary,   $4,000  per 

annum.  He  may  appoint  assistant  commissioners,  chemists,  clerks,  agents,  and 
counsel  necessary  for  the  work  of  his  office  and  fix  their  compensation:  also  may 
appoint  five  expert  butter  and  cheese  makers  to  inspect  factories,  give  instruc- 
tion, etc. 

Milk  standard.  12  per  cent  solids,  3  per  cent  fat.  Pure  milk  is  defined  as 
sweet  and  unadulterated;  pure  cream  is  that  taken  from  such  milk.  Milk 
shall  not  be  kept  in  unclean  vessels  nor  in  unsanitary  places.  All  cans,  etc.,  con- 
taining milk  to  be  sold  in  counties  other  than  where  produced,  must  be  plainly 
branded  with  name  of  the  county  of  production;  vehicles  from  which  it  is  sold 
must  be  similarly  marked.  Glass  bottles  are  excepted  from  the  provision,  but 
they  must  bear  the  name  of  the  vender.  Skimmed  milk. — Skim  milk  may  be 
delivered  to  skim-cheese  factories,  and,  except  in  New  York  and  Kings  counties, 
it  may  be  sold  as  skimmed  milk  for  use  in  the  county  where  it  is  produced  or  an 
adjoining  county.  Condensed  milk. — Condensed  milk  must  be  made  from  pure 
and  wholesome  milk,  and  its  proportion  of  milk  solids  shall  be  in  quantity  the 
equivalent  of  12  per  cent  of  milk  solids  in  crude  milk,  of  which  25  per  cent  shall 
be  fat.  All  packages  of  condensed  milk  t-hall  be  labeled  with  name  of  manu- 
facturer, etc.  Adulterated  milk. — Adulterated  milk  is  defined  as  any  below  the 
standard,  or  which  has  been  altered,  or  any  from  cows  poorly  cared  for  or  fed 
certain  unwholesome  foods.  Its  sale,  exchange,  delivery  to  a  butter  or  cheese 
factory,  or  use  for  any  food  is  prohibited.  Pure  skim  milk  is  excepted  as  above. 
Preservatives  and  poisonous  colors  are  prohibited. 

Butter  and  cheese  are  defined  as  the  products  of  the  dairy  usu- 
Butter  and  cheese.  . 

ally  known  by  those  terms,  manufactured  exclusively  from  pure 

unadulterated  milk  or  cream,  with  or  without  salt,  rennet,  coloring  matter,  or 
sage.  False  brands  are  prohibited.  County  trade-marks  may  be  adopted  by 
county  dairymen's  associations.  Preservatives  and  poisonous  colors  are  pro- 
hibited. Cheese. — A  registered  brand,  with  the  words  "New  York  State  full 
cream  cheese.''  for  use  on  full  milk  cheese  and  their  packages,  will  be  furnished 
to  factories  applying  to  the  commissioner  of  agriculture.  Skim  cheese. — Pure 
skim  cheese  may  be  made  from  clean,  pure  skim  milk. 

Unless  factory  operator  buys  all  the  milk  delivered,  he  shall  not  use  any  of  it 
or  its  products  without  consent  of  the  owners,  and  he  must  keep  an  account  of  all 
factory  operations  for  the  inspection  of  his  patrons. 

Imitations  shall  not  be  sold  as  butter  or  cheese.     The 
Imitation  butter  and  cheese.  , 

terms    oleomargarine,    butterme.   imitation    butter,   or 

imitation  cheese  mean  any  article  in  the  semblance  of  butter  or  cheese  not  the 
usual  product  of  the  dairy  and  not  made  exclusively  from  unadulterated  milk,  or 
having  any  oil.  lard,  melted  butter,  etc. .  as  a  component  part.  Imitation  butter. — 
The  manufacture  of  oleomargarine  or  any  article  in  imitation  of  butter  wholly  or 
partly  from  fats  or  oils  not  produced  from  milk,  or  the  sale  or  the  use  in  hotels, 
etc.,  of  such  articles,  is  prohibited.  No  article  intended  as  an  imitation  of  butter 
and  containing  oils,  fats,  etc.,  not  from  milk,  or  melted  butter  in  any  condition, 
shall  be  colored  yellow.  Renovated  butter. — Butter  produced  by  melting  original 


25 

packing  stock,  etc..  shall  be  plainly  labeled  "Renovated  butter."  Imitation 
cheese.— The  maimfacture  or  sale  of  any  article  in  imitation  of  pure  cheese,  into 
which  any  animal  fat.  oil,  or  butter,  etc..  is  introduced  is  prohibited. 

Milch  cows  shall  not  be  kept  in  an  unsanitary  condition  nor  be  fed 

Miscellaneous.  .,     ,    „      ,  -     , 

distillery  waste,  spoiled  feeds,  or  any  food  that  injures  milk;  silage 
is  permitted.  t 

NORTH  CAROLINA. 
Milk.    (No  law.) 

Butter  is  defined  as  the  product  manufactured  from  fresh  and  pure  milk 

Butter. 

and  cream. 
Cheese.    (No  law. ) 

Oleomargarine  and  butterine  are  defined  as  articles  manufactured 

Imitation  butter.      ......  n  •,  j       ,  •    ,  -,     f  .  -,. 

in  imitation  or  butter,  ana  which  are  composed  of  any  ingredient 
or  ingredients  in  combination  with  butter.  Original  packages  shall  be  labeled 
with  names  of  chemical  ingredients  and  their  proportions. 

District,  county,  and  city  attorneys  shall  prosecute  offenders  against  oleomar- 
garine law. 

Imitation  cheese.      (Nolaw.) 
Miscellaneous.      (No  law.) 

An  article  of  food  or  drink  is  deemed  adulterated  if  an}'  inferior  or 
injurious  substance  has  been  added  to  it,  if  any  valuable  constituent 
has  been  removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  col- 
ored to  conceal  inferiority,  if  it  is  decomposed  or  unfit  for  food,  if  it  is  misbranded, 
etc.  With  the  exception  of  mixtures,  etc.,  known  by  distinctive  names,  labeled 
as  mixtures,  or  containing  matter  unavoidably  or  necessarily  added  in  prepara- 
tion for  commerce,  such  articles  are  prohibited.  No  conviction  when  defendant 
can  prove  written  guaranty  of  purity  from  supplier. 

The  board  of  agriculture  shall  fix  standards  of  foods,  beverages,  and  condi- 
ments, and  publish  results  of  examinations  made  by  the  chemists  of  the  depart- 
ment of  agriculture.  Upon  evidence  from  the  commissioner  of  agriculture, 
solicitors  shall  conduct  prosecutions  under  pure-food  law. 

NORTH  DAKOTA. 

The  commissioner  of    agriculture  appoints  a 

Assistant  dairy  and  food  commissioner.       .  .  ,    . 

deputy  known  as  the  assistant  dairy  and  food 

commissioner,  who  is  familiar  with  the  manufacture  of  dairy  products;  term, 
same  as  commissioner's;  salary,  $600  per  year.  One  thousand  dollars  annually 
and  the  fines  collected  in  prosecutions  are  appropriated  for  his  work.  Detailed 
reports  are  made  biennially.  He  acts  also  as  director  of  farmers'  institutes. 

Milk  standard,  12  per  cent  solids.  3  per  cent  fat.  Venders  in  cities  or  towns 
of  more  than  1,000  inhabitants  must  furnish  certain  information  to  the 
assistant  commissioner  and  obtain  license  from  him.  Crmm. — Cream  shall  con- 
tain at  least  15  per  cent  fat.  Skimmed  milk. — bkimined  milk  shall  be  sold  for 
what  it  is.  Impure  mtlk. — The  disj>osal  or  use  in  any  human  food  of  unhealthy, 
adulterated,  etc..  milk,  or  cream  from  same,  is  prohibited. 

For  the  purpose  of  one  act.  butter  and  cheese  are  defined  as  the 
Batter  aid  ehe«M.  ..  . 

products  usually  known  by  those  names  and  which  are  manufac- 
tured exclusively  from  milk  or  cream.  Creameries  shall  brand  each  package  of 
butter  and  cheese,  showing  quality  of  product,  number  of  factory,  etc.  The 
brands  are  registered  with  the  assistant  <  ommissioner.  Managers  of  creameries 
and  cheese  factories  shall  make  annual  reports  on  blanks  furnished  for  the  pur- 
pose. Skiinined-jnilk  elieene. — Cheese  made  from  milk  which  has  l>een  skimmed 
shall  be  plainly  marked,  on  itself  and  on  the  package.  "  Skimined-milk  cheese." 


26 

Anv  article  in  imitation  of  pure  yellow  butter  and  not  made  from 
Imitation  butter.  ..,     .  V--U-.L    -111  f         P 

pure  milk  is  prohibited;   but  oleomargarine,  tree  from  color  to 

cause  it  to  look  like  butter,  and  made  in  a  distinct  form  and  sold  in  such  manner 
as  will  advise  consumers  of  its  real  character,  is  permitted.  Notice  of  its  use  in 
public  eating  places  must  be  given  to  patrons.  Imitations  shall  be  distinctly 
marked  and  sales  shall  be  accompanied  by  a  printed  card  giving  names  of  the 
ingredients.  Renovated  and  patent  butters. — Butter  made  from  melted  packing 
stock,  etc..  shall  be  plainly  labeled  "Renovated  butter."  and  that  made  by  any 
process  by  which  casein  of  milk  or  other  ingredients  are  made  to  take  the  place 
of  pure  butter  fat  shall  be  plainly  marked  "  Patent  butter." 

Substitutes  for  pure  cheese,  including  filled  cheese,  shall  be  plainly 
Imitation  cheese.    ,         .    ,  .     .  ...          ...  . 

labeled  so  their  character  and  quality  will  be  shown.     Sales  shall 

be  accompanied  by  a  printed  card  giving  names  of  ingredients. 
Miscellaneous.    Cows  shall  be  well  stabled  and  fed  pure  feed. 

OHIO. 

State  dairy  and  food  commissioner  is  elected  at  the  gen- 
Dairy  and  food  commissioner. 

eral  elections;  term  or  omce.  two  years:   salary.  $3,000 

per  year.  He  shall  give  bond  for  $5,000.  May  appoint  two  assistant  commissioners 
at  salaries  of  $1,000  per  year:  also  appoint  and  fix  the  compensation  of  experts, 
chemists,  agents,  etc.,  as  are  necessary.  Detailed  annual  report  shall  be  made  to 
the  governor.  Authority  extends  to  all  foods  and  drugs.  (Appropriation  for  1900, 
$50,340.' 

Milk  standard,  12  per  cent  solids,  3  per  cent  fat;  in  May  and  June,  111  per 
cent  solids.  Skimmed  milk. — Skimmed  milk  shall  not  be  sold  as  pure  milk, 
but  it  may  be  used  for  making  skimmed  cheese:  cans  containing  it  shall  be  plain"  y 
marked  "Skimmed  milk."  Condensed  milk. — Condensed  milk  shall  be  made  from 
pure  fresh  milk;  the  proportion  of  milk  solids  shall  be  equivalent  to  12  per  cent  in 
crude  milk,  of  which  25  per  cent  shall  be  fat;  package  containing  same  shall  be 
plainly  labeled  with  true  name  and  brand,  and  name  of  manufacturer.  Adulter- 
ated milk. — The  sale  of  adulterated,  skimmed,  unclean,  unhealthy,  etc.,  milk,  and 
that  from  sick  cows,  or  its  delivery  to  a  factory,  is  prohibited. 

Butter  and  cheese  are  defined  as  the  products  usually  known  by 
Butter  and  cheese.       ,  .,, 

those  names,  and  made  wholly  from  pure  milk  or  cream,  with 

salt,  and  with  or  without  harmless  coloring  matter,  and,  if  cheese,  with  or  with- 
out rennet  and  sage.  False  brands  are  prohibited.  Keeping  false  account  of  milk 
delivered  to  a  factory  is  prohibited.  Batter. — Standard  for  butter,  80  per  cent  fat. 
C7iee.se. — Must  contain  at  least  20  per  cent  fat.  Registered  brands  with  the  words 
"Ohio  State  full  cream  cheese''  are  issued  to  factories  for  use  on  full  milk  cheese 
and  their  packages  upon  application  to  the  dairy  and  food  commissioner  and  pay- 
ment of  fee  of  $1.  Skimmed  cheese. — Cheese  as  above  defined,  and  containing 
less  than  20  per  cent  fat.  sha1!  be  plainly  marked,  and  have  its  package  marked, 
"Skimmed  cheese:"  packages  sold  at  retail  shall  be  accompanied  by  a  label 
similarly  marked;  exposed  contents  of  a  package  shall  be  labeled  as  above  with  a 
placard,  and  a  sign  " Skimmed  cheese  sold  here''  shall  be  posted  where  it  is  sold; 
delivery  wagons  shall  display  similar  signs;  notice  shall  be  given  of  its  use  in 
public  eating  places. 

With  the  exceptions  noted  below,  any  article  in  imitation 
Imitation  butter  and  cheese.  .        , 

of  natural  butter  or  cheese,  and  containing  animal  or 

vegetable  oils  not  produced  from  milk,  or  acids,  is  prohibited.  Any  other  sub- 
stance not  made  wholly  from  pure  milk  or  cream,  salt,  and  harmless  coloring 

1  See  footnote,  page  81. 


27 

matter,  and  appearing  to  be  butter  or  cheese,  may  be  sold  only  under  its  true 
name.  Each  roll  or  package  shall  be  plainly  marked  with  its  name  and  the  names 
of  its  ingredients,  and  the  same  shall  be  on  a  label  delivered  with  each  sale,  in 
connection  with  which  the  use  of  such  words  as  "  butter.''  "dairy."'  etc..  or  false 
brands,  are  prohibited:  information  as  to  the  substance  shall  be  given  at  all  retail 
sales:  it  shall  not  be  packed  so  as  to  be  concealed  by  a  finer  grade  of  butter;  its 
use  in  State  charitable  and  penal  institutions  is  prohibited.  Signs  shall  be  used 
as  described  below.  Oleomargarine. — Oleomargarine  is  denned  as  any  substance 
not  pure  butter  of  not  less  than  80  per  cent  butter  fat  and  made  for  use  as  butter. 
It  is  permitted  if  free  from  coloring  matter  or  other  ingredient  to  cause  it  to  look 
like  butter,  and  made  in  such  form  and  sold  in  such  manner  as  will  advise  the  con- 
sumer of  its  real  character.  Filled  cheese.— Any  article  in  imitation  of  cheese  and 
not  made  wholly  of  milk  or  cream,  etc.,  and  containing  any  fats,  oils,  etc.,  not 
produced  from  milk  or  cream,  shall  be  plainly  marked  and  have  its  package  or 
the  exposed  contents  of  any  package  marked  "Filled  cheese;"  each  retail  sale 
shall  be  accompanied  by  a  label  similarly  marked:  it  shall  not  be  sold  as  cheese. 
Signs. — The  signs  ''Oleomargarine  sold  here"  or  "Filled  cheese  sold  here ''shall 
be  displayed  wherever  these  articles  are  sold,  and  signs  and  verbal  information 
are  required  in  public  eating  places  where  the  articles  are  used;  wagons  delivering 
filled  cheese  shall  display  signs. 

Milch  cows  shall  not  be  kept  in  a  cramped  or  unhealthy  condition, 
nor  fed  unhealthy  food,  or  food  which  produces  unwholesome  milk. 
Any  article  of  food  or  drink  is  adulterated  if  any  inferior  or  poisonous 
substance  has  been  mixed  with  it;  if  any  valuable  ingredient  has  been 
removed;  if  it  is  an  imitation  of  or  sold  under  the  name  of  another  article;  if  it  is 
decomposed,  infected,  or  from  a  diseased  animal;  if  it  is  colored  to  conceal  inferi- 
ority, etc.     Such  articles  are  prohibited;  but  certain  common  mixtures  are  per- 
mitted if  packages  are  labeled  with  names  of  ingredients,  etc. 

OKLAHOMA. 

Adulterated  milk. — Milk  from  a  cow  not  in  Iproper  condition  of  health,  or 
any  milk  adulterated  by  water  or  a  deleterious  substance,  or  colored,  shall 

not  be  sold  or  delivered. 

Butter.     (No  law.) 

Cheette.     (Nolaw.) 

Imitation  butter.     (Nolaw. ) 

Imitation  cheese.     (No  law.) 

Misrc  I  lil  Mi-nils.       (NolaW.) 

The  adulteration  of  food  or  drink  with  fraudulent  intent  is  a  misde- 
meanor.    Buyer  shall  be  informed  if  provisions  are  diseased  or  unwhole- 
some.    Board  of  health  shall  destroy  any  impure  article  of  food  offered  for  sale. 

OREGON. 
After  June,  1900,  the  dairy  and  food  commissioner,  who 

D»lry  unit  food  rommlxsioner. 

shall  be  well  qualified  in  dairy  matters,  will  be  chosen 

by  the  electors  of  the  State:  term  of  office,  four  years;  salary,  $1.000  per  year: 
shall  enforce  the  law.  inspect  creameries,  and  give  dairy  instruction:  may  appoint 
and  fix  compensation  of  one  deputy  in  each  county:  reports  to  the  legislature. 
Chemist  of  State  agricultural  college  shall  make  analyses. 

Milk  standard,  not  more  than  SN  per  cent  water,  nor  less  than  :J  per  cent  fat, 

nor  less  than  8  per  cent  solids  other  than  fat,  nor  less  than  LOW  specific 

gravity  after  cream  has  bewi  removed.     Impure  milk. — Milk  from  cows  fed  un- 


28 

wholesome  feeds  or  near  time  of  parturition  is  deemed  impure.  Cream. — Standard, 
20  per  cent  fat.  Condensed  milk. — Standard,  '•  12  per  cent  of  milk  solids  in  pure 
milk,  25  per  cent  of  which  shall  be  pure  fat." 

.Manufacturers  of  more  than  25  pounds  of  butter  or  cheese  per 
Butter  and  cheese.  .     . 

week  shall  make  detailed  annual  reports  to  the  commissioner. 

Butter. — Butter  standard,  not  more  than  14  per  cent  water.  Process  butter. — 
Reworked  or  mixed  butter  shall  be  marked  •'  Process  butter."  and  not  "  Creamery 
butter."  Tub  butter. — Tub  or  packed  butter,  remolded  into  prints,  etc.,  shall  be 
marked  "Tub  butter,"  and  not  "Creamery  butter.''  The  use  of  boxes  or  brands 
of  one  creamery  or  dairy  for  selling  the  butter  of  another  is  prohibited.  Cheese. — 
Standard.  40  per  cent  fat  as  compared  with  total  solids. 

Sales  of  oleomargarine  and  all  imitations  of  dairy  prod- 
Imilation  butter  and  cheese. 

ucts  shall  be  recorded  and  records  shall  be  open  to  the 

commissioner. 

Milch  cows  shall  be  allowed  800  cubic  feet  of  air  space  each  in  sta- 
MiscellaiH'ous.  ,          .     ,.  , 

bles;  when  racing  each  other  shall  not  be  closer  than  6  teet,  unless 

separated  by  air-tight  partitions  at  least  4  feet  high.  Stables  shall  be  well  venti- 
lated and  kept  in  a  healthful  condition. 

An  article  of  food  or  drink  is  deemed  adulterated  if  any  inferior  sub- 
Pure  food.  .      ,      . ..    .,     . .  111 

stance  has  been  mixed  with  it,  if  any  valuable  constituent  has  been 

removed,  if  it  is  in  imitation  of  or  sold  as  another  article,  if  it  is  colored  to  con- 
ceal inferiority,  etc.  Salt  and  annotto,  or  butter  color  in  which  annotto  is  the  prin- 
cipal ingredient,  are  not  adulterants  of  dairy  products.  Such  articles  shall  not 
be  sold  unless  plainly  marked  to  show  their  true  character,  nor  served  in  public 
eating  places  unless  notice  of  their  use  is  given. 

PENNSYLVANIA. 

The  dairy  and  food  commissioner,  who  shall  have  prac- 
Dairy  and  food  commissioner.  ,  .  . .  ,  „  -    . 

tical  experience  in  the  manufacture  of  dairy  products,  is 

appointed  by  the  governor;  term  of  office,  four  years;  salary.  $2,500  per  year.  He 
shall  have  a  clerk,  appointed  by  the  governor;  salary,  $1,500  per  year.  Authority 
extends  to  other  foods.  Commissioner  shall  make  a  detailed  annual  report. 
Moneys  paid  into  the  treasury  under  the  provisions  of  the  1899  oleomargarine  law 
constitute  a  special  fund  for  enforcement  of  that  law. 

Milk  standard  in  cities  of  the  second  and  third  class,  12^  per  cent  solids, 
3  per  cent  fat,  specific  gravity  at  60C  F.  between  1.029  and  1.0:53.  In  towns 
of  over  1,000  population,  vehicles  from  which  milk  is  vended  shall  be  marked 
with  names  of  vendors  and  locality  of  production:  and  in  cities  of  the  second  class 
dairies  and  milk  depots  shall  be  registered  by  the  bureau  of  health.  Skimmed 
milk. — Skimmed-milk  standard  in  cities  of  the  second  and  third  class,  6  per  cent 
cream  by  volume,  2A  per  cent  fat  by  weight,  specific  gravity  at  60°. F.  between 
1.032  and  1.037:  milk  from  which  any  cream  has  been  taken  shall  not  be  sold 
unless  in  a  vessel  plainly  marked  '•  Skimmed  milk."  Adulterated  milk.— The  sale 
of  adulterated,  impure,  or  unwholesome  milk  is  a  misdemeanor.  The  addition  of 
water  or  ice  to  milk  is  an  adulteration,  and  milk  from  animals  fed  on  distillery 
waste  or  any  substance  in  a  state  of  putrefaction,  or  from  sick  or  diseased  cows, 
is  declared  to  be  impure  and  unwholesome.  The  sale  of  milk  for  human  consump- 
tion which  contains  boracic  acid  salt,  salicylic  acid,  or  other  drug  is  prohibited. 

Councils  of  cities  and  boroughs  may  provide  for  milk  inspection. 
Butter.     (No  law.) 

All  cheese  is  divided  into  five  grades,  and  each  cheese  and  its  package 
shall  be  plainly  branded  with  the  address  of  the  maker  and  the  words 


29 

"  Full  cream  "  if  it  contains  not  less  than  32  percent  of  butter  fat:  "  Three-fourfhs 
cream  "  if  it  contains  not  less  than  24  per  cent  butter  fat:  "  One-half  cream  "  if  it 
contains  not  less  than  16  per  cent  butter  fat;  "  One-fourth  cream''  if  it  contains 
not  less  than  8  per  cent  butter  fat:  and  "  Skimmed  cheese ''  if  it  contains  less  than 
8  per  cent  butter  fat.  Fancy  cheese  weighing  less  than  five  pounds,  and  pot  cheese, 
are  excepted. 

The  manufacture  or  sale  of  any  article  not  made  from  pure  milk 
Imitation  butter. 

or  cream  and  in  imitation  of  pure  yellow  butter  is  prohibited;  but 

oleomargarine,  butterine,  or  similar  substance  is  permitted  if  free  from  color  or 
other  ingredient  to  make  it  look  like  butter,  and  made  in  such  form  and  sold  in 
such  manner  as  will  advise  tbe  consumer  of  its  real  character,  and  if  the  manu- 
facturer or  dealer  shall  have  a  license.  Every  package  or  parcel  shall  be  plainly 
labeled  "  Oleomargarine"  or  •'  Butterine/'  and  signs  obtained  from  the  dairy  com- 
missioner shall  be  displayed  where  it  is  made  or  sold.  Wagons  of  peddlers  shall 
be  plainly  marked.  License  fees  are  as  follows  per  year:  Manufacturers.  $1.000; 
wholesalers,  §r,00;  retailers,  §100:  restaurant  keeper  or  hotel  proprietor,  §50,  and 
boarding  house  keeper,  $10;  the  different  classes  are  denned.  Imitation  butter 
shall  not.  be  used  in  any  State  charitable  or  penal  institution.  Renovated  butter. — 
Butter  made  from  melted  packing  stock,  etc.,  as  "boiled"  or  "process"  butter 
shall  be  plainly  labeled  "  Renovated  butter  "  before  sold  or  offered  for  sale,  whether 
in  small  or  large  packages. 

Cheese    not  produced  wholly  from  pure  milk  or  cream   is  pro- 
ImiUtion  cheese. 

hibited. 

MlscelUneous.     (No  law. ) 

An  article  of  food  or  drink  is  deemed  adulterated  if  any  inferior  or 

injurious  substance  has  been  mixed  with  it;  if  any  valuable  constituent 

has  been  removed;  if  it  is  in  imitation  of  or  sold  as  another  article;  if  it  is  diseased, 

decomposed,  infected;  if  it  is  colored  to  conceal  inferiority,  etc.      With  certain 

exceptions,  which  shall  be  labeled,  such  articles  are  prohibited. 

RHODE  ISLAND. 

Milk  standard,  12  per  cent  solids.  24-  per  cent  fat:  shall  be  sold  by  wine 
measure;  vessels  to  be  sealed  by  the  sealer  of  weights  and  measures. 
Skimmed  milk. — Skimmed  milk  is  that  which  has  been  skimmed,  or  is  below  the 
standard.  It  shall  be  sold  only  from  cans  plainly  marked  "Skimmed  milk." 
Adulterated  milk.— The  sale  or  exchange  of  adulterated  or  diseased  milk  or  that 
from  diseased  cattle  or  cows  fed  on  distillery  refuse,  etc..  is  prohibited. 

The  mayor  and  aldermen  of  any  city  and  the  council  of  any  town  may  elect 
and  fix  the  compensation  of  milk  inspectors.  In  Providence  this  is  compulsory. 
Inspectors  may  appoint  collectors  of  samples.  All  persons  engaged  in  selling 
milk  must  register  with  the  inspector  and  have  their  names  on  their  wagons,  etc. 
Names  of  persons  convicted  are  published. 
Butter.  All  butter  tubs  shall  be  marked  with  their  weights  and  maker's  initials. 

Chee*«'.      (No  law.) 

Anv  article  not  made  wholly  from  milk  or  cream,  but  containing 

Imitation  liutter.  ,       ,.*        .  ,      ..          . 

any  melted  butter  to  take  the  place  of  cream,  or  animal  oil  or  fat 
not  the  product  of  milk,  shall  be  plainly  marked  "  Oleomargarine,"  and  a  label 
similarly  printed  shall  be  delivered  with  all  retail  sales, 
i  MI  it  at  i. MI  rhi-rsf.     (No  law. ) 

His.Tllaiifiiu-..       (No  law.  i 

ood.     The  authority  of  milk  inspectors  extends  to  other  foods. 


30 

SOUTH  CAROLINA. 

Milk  standard.  :-J  per  cent  fat,  8i  per  cent  other  solids.     Skimmed  milk. — 
Skimmed  milk  is  that  below  the  standard.     It  and  buttermilk  may  be  sold 
under  their  own  name.     Adulterated  milk. — The  sale  of  unclean,  diseased,  adul- 
terated, etc.,  milk,  or  its  delivery  for  domestic  use.  or  to  be  converted  into  any 
human  food,  is  prohibited. 
Butter.      (No  law.) 
Cheese.      (No  law.  ; 

Imitation  butter  and  cheese  are  denned  as  every  article 

Imitation  butter  and  cheese.  ,          , 

not  produced  from  pure  milk  or  cream,  with  or  witnout 

salt,  rennet,  and  harmless  coloring  matter,  which  is  in  semblance  of  and  designed 
to  be  used  as  a  substitute  for  butter  or  cheese.  They  shall  not  be  colored  to  resem- 
ble butter  or  cheese.  Original  packages  shall  be  marked  '•  Substitute  for  butter." 
or  "  Substitute  for  cheese: ''  shall  not  be  sold  as  genuine  butter  or  cheese,  nor  used 
in  hotels,  etc.,  unless  signs  are  displayed. 

Statement  of  the  chemist  of  the  State  college  shall  be  accepted  as  evidence  of 
analysis  of  imitation  butter  and  cheese. 
Miscellaneous.      (No  law.) 


SOUTH  DAKOTA. 

Adulterated  milk. — The  sale  of  unwholesome,  diseased,  or  adulterated  milk 
as  the  pure  article  is  prohibited. 

Butter  and  cheese  are  denned  as  the  products  usuallv  known  bv 
Butter  and  cheese.  , 

those  nam^s.  and  which  are  made  wholly  from  milk  or  cream  or 

both,  with  salt  and  rennet,  and  with  or  without  coloring  matter. 

Any  article  not  made  wholly  from  pure  milk  or  cream,  and  in 
Imitation  butter.      ......  •  V-U-.L   a    i. 

imitation  of  pure  butter,  is  prohibited;  but  oleomargarine,  colored 

pink,  and  made  in  such  form  and  sold  in  such  manner  as  will  advise  the  consumer 
of  its  real  character,  is  permitted;  notice  of  its  use  in  public  eating  places  must 
be  given. 
Health  officers,  sheriffs,  etc.,  shall  institute  complaints,  etc. 

Imitation  cheese.       (No  law.) 
Miscellaneous.      (No  law. ) 

Any  article  of  food  is  deemed  adulterated  if  any  inferior  or  injurious 
substance  has  been  added  to  it,  if  any  valuable  ingredient  has  been 
removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  colored  to  con- 
ceal inferiority,  etc.;  such  an  article  shall  not  be  offered  for  sale  unless  labeled 
"adulterated"  and  with  its  own  common  name  and  name  of  the  manufacturer. 
No  unwholesome  food  shall  be  sold  without  making  its  character  known  to  the 
buyer. 

TENNESSEE. 
Milk.     (No  law.) 

Butter.      (No  law.) 
Cheese.     (No  law.) 

Any  article  which  is  in  imitation  of  yellow  butter  and  not  made 

Imitation  butter.  ......     ,     , 

exclusively  from  pure  milk  or  cream  is  prohibited;  but  oleomarga" 
rine,  free  from  color  or  other  ingredient  to  cause  it  to  look  like  butter,  and  made 
in  such  form  and  sold  in  such  manner  as  will  advise  the  consumer  of  its  true 
character,  and  other  imitations  if  uncolored  and  labeled  with  their  correct  names, 
atf  permitted:  wholesale  packages  shall  be  plainly  labeled,  and  a  label  shall 
accompany  retail  sales. 


31 

Imitation  cheese  may  he  manufactured  under  its  true  name:  each 
Imitation  cheese. 

package  and  its  contents  shall  be  stamped  with  the  correct  name, 

and  a  label,  similarly  printed,  shall  be  delivered  with  retail  sales. 
Miscellaneous.      (No  law.) 

Any  article  of  food  or  drink  is  adulterated  if  inferior  substances  have 

been  added  to  it;  if  any  valuable  constituent  has  been  abstracted;  if  it 

is  an  imitation  of  or  sold  as  another  article;  if  it  contains  any  poisonous  substance; 

if  it  is  decomposed  or  diseased  or  from  an  unhealthy  animal,  etc.     With  certain 

common  exceptions,  such  articles  and  all  misbranded  articles  are  prohibited. 

TEXAS. 
Milk.    (No  law.) 

Butter.     (No  law.) 
Cheese.     (No  law.) 
Imitation  butter.     (No  law.) 
Imitation  cheese.     ( No  law. ) 

Corporations  may  be  formed  for  the  purpose  of  establishing  and 
Miscellaneous. 

carrying  on  the  work  of  dairies  and  creamery  companies. 

UTAH. 

The  dairv  and  food  commissioner  is  appointed  by  the 

Dairy  and  food  commissioner.  •• 

governor;  term  of  office,  two  years;  salary,  $600;  ex- 
penses limited  to  $300:  authority  extends  to  all  foods  and  drinks;  biennial  reports 
are  made  to  the  governor.  County  attorneys  shall  give  legal  assistance. 

Skimmed  milk. — Skimmed  milk  includes  all  from  which  any  cream  has  been 
Milk. 

removed.     It  shall  contain  not  less  than  0  per  cent  of  solids  not  fat.  and  may 

be  sold  only  from  vessels  plainly  marked  ••  Skimmed  milk.''    Adulterated  milk.— 

Milk  which  has  been  diluted  or  that  taken  from  a  cow  in  an  unnatural  condition. 

etc.,  shall  not  be  sold  or  de'ivered.     Preservatives  shall  not  be  used.     Standard 

tests  and  lactometers  may  be  used  to  determine  adulteration. 

Butter.    Preservatives  shall  not  be  used. 

Skim  cheese. — Cheese  made  from  milk  from  which  some  fat  has  been 
removed  .shall  be  in  size  between  9  and  1 1  inches  in  diameter  and  not  less 

than  9  inches  high.     Preservatives  shall  not  be  used. 

Anv  article  not  made  wholly  from  unadulterated  milk  or  cream, 
Imitation  butter.  *        .  ...... 

which  is  an  imitation  of  pure  yellow  butter,  is  prohibited.     But 

oleomargarine,  free  from  color  or  other  ingredient  to  cause  it  to  look  like  butter, 
and  made  in  such  form  and  sold  in  such  manner  as  will  advise  the  consumer  of  its 
real  character,  and  free  from  misleading  marks,  is  permitted.  It  shall  not  be  sold 
as  butter.  It  shall  be  plainly  marked  ••  Oleomargarine  "  when  exposed  for  sale, 
signs  must  be  displayed  where  it  is  sold,  and  in  public  eating  places  guests  must 
be  notified  of  its  use.  Butter  not  made  from  pure  milk  shall  not  be  used  in  State 
charitable  or  penal  institutions. 

Cheese  made  from  skimmed  milk  to  which  foreign  fats  have  been 
Imitation  cheexe. 

added  is  prohibited.     Cheese  not  made  from  pure  milk  shall  not  be 

used  in  State  charitable  or  penal  institutions. 

MNrellaneouH.     (No  law. ) 

VERMONT. 

Milk  standards,  121  per  cent  solids,  9|  per  cent  solids  not  fat;  in  May  and 
Jane,  12  per  cent  total  solids.     Standard  measure  is  wint>  measure.     Pay- 
ment for  milk  at  factories  is  to  be  based  on  milk  testing  I  per  cent  fat.     Ailtiltrr- 
cited  milk. — The  sale  of  adulterated  or  skim  milk  or  milk  below  the  standard,  or 


32 

its  delivery  to  a  factory,  or  the  delivery  of  tainted  milk  to  a  factory,  is  prohibited. 
Result  of  analysis  by  the  State  Agricultural  Experiment  Station  shall  be  deemed 
competent  evidence  in  prosecutions. 

Glassware  used  for  testing  milk  to  determine  amount  to  be  paid  for  it  shall  be 
examined  for  correctness  and  marked  under  the  direction  of  the  State  Agricultural 
College;  any  person  making  such  a  test  shall  hold  a  certificate  from  the  college. 

Butter  or  cheese  shall  not  be  marked  •'  Creamery,"  unless  made 
Butler  and  cheese. 

in  a  creamery;  marking   "Private  creamery      is  permitted  if 

name  of  maker  is  given. 

Operators  of  factories  shall  not  use  any  cream  except  with  consent  of  owners. 

Detailed  monthly  statements  shall  be  given  to  patrons  of  creameries  and  cheese 
factories  showing  amount  of  milk  delivered,  test,  and  butter  or  cheese  made 
therefrom,  and  payments  shall  be  based  on  amounts  of  these  products.  Milk  sold 
at  creameries  shall  be  tested  to  determine  amount  of  butter  thus  disposed  of. 
Monthly  statements  of  milk  received  and  butter  produced  shall  be  posted  in 
creameries. 

Any  article  made  in  imitation  of  or  as  a  substitute  for  butter,  and 
Imitation  butter. ' 

not  made  wholly  of  milk  or  cream,  may  be  sold  when  plainly 

labeled  "imitation  butter,1'  "oleomargine,"'  or  "butterine,"  as  the  case  may  be. 
Wrappers  for  retail  packages  shall  be  similarly  marked.     The  word  "dairy"'  or 
"creamery  "  or  the  name  of  any  breed  of  dairy  cattle  on  labels  is  prohibited. 
The  State's  attorney  is  given  special  power  for  enforcing. 

Any  article  made  in  imitation  of  or  as  a  substitute  for  cheese 

Imitation  cheese.1  J  .  .  ., 

may  be  sold  when  plainly  labelled  "  imitation  cheese.      Wrappers 

for  retail  packages  shall  be  similarly  marked. 
The  State's  attorney  is  given  special  power  for  enforcing. 

Miscellaneous.      (No  law.) 

A  laboratory  is  conducted  by  the  State  board  of  health  for  the  exami- 
nation of  water,  milk,  and  foods,  and  the  study  of  diseases. 

VIRGINIA. 

Adulterated  milk. — The  sale  of  adulterated,  skimmed,  tainted,  etc.,  milk, 
or  its  delivery  to  any  creamery  or  cheese  factory,  is  prohibited. 

Butter  inspectors  shall  brand  lots  of  butter  offered  for  inspection  accord- 
Butter.    .  *.. 
ing  to  quality. 

Factory  employees  shall  not  use  cream  without  consent  of  its  owners. 

Skimmed  cheese.  —Skimmed  cheese  may  be  made  from  pure  skimmed  milk. 
Factory  employees  shall  not  use  cream  without  consent  of  its  owners. 

The  manufacture  or  sale  of  any  article  made  wholly  or  partly 
ter'  from  any  fat  or  oil  not  produced  from  unadulterated  milk  or  cream, 
and  which  is  in  imitation  of  pure  yellow  btitter,  is  prohibited;  but  oleomargarine, 
butterine,  or  kindred  compound,  made  in  such  form  and  sold  in  such  manner  as 
will  advise  the  consumer  of  its  real  character,  and  free  from  color  or  other  ingre- 
dient to  cause  it  to  look  like  butter,  is  permitted.  Signs,  with  the  words  "  Imita- 
tion butter  used  here,"  shall  be  displayed  in  eating  places,  bakeries,  etc.,  where 
the  articles  above  named  are  used. 

The  manufacture  or  sale  or  use  in  public  eating  places  of  any 
article  in  imitation  of  and  designed  to  take  the  place  of  pure  cheese, 
and  not  made  wholly  from  milk  or  cream,  is  prohibited. 
Miscellaneous.       (No  law.) 

The  board  of  agriculture  may  establish  standards  for  foods  and,  assisted 
""''    by  experts  of  the  department  of  agriculture,  examine  foods  to  protect 

1  See  footnote,  page  95. 


33 

against  adulteration  and  misbrauding;  may  prescribe  how  compounds  shall  be 
branded:  may  publish  results  of  examinations;  commonwealth's  attorneys  assist 
in  prosecutions.  An  article  of  food  is  deemed  adulterated  if  any  inferior  or  injuri- 
ous substance  has  been  added  to  it  or  any  valuable  constituent  has  been  removed 
from  it  so  it  will  deceive  the  purchaser,  if  it  is  an  imitation  of  or  sold  as  another 
article,  if  it  is  colored  to  conceal  inferiority,  if  it  is  labeled  to  mislead  the  pur- 
chaser, if  it  is  diseased  or  decomposed,  etc.  With  the  exception  of  certain  well- 
known  or  labeled  articles,  etc.,  no  person  shall  knowingly  manufacture  or  sell 
such  articles  of  food. 

WASHINGTON. 

Dairy  and  food  commissioner  is  appointed  by  the  gov- 

Dairj-  and  food  commissioner. 

ernor;  term  of  omce,  four  years;  salary,  §l..jOO;  must 

give  bond  for  §5,000.  He  may  appoint  six  deputies  at  §3  per  day.  but  no  one  is  to 
be  employed  at  the  cost  of  the  State  more  than  30  days  in  a  year;  the  services  of 
chemists  of  State  institutions  are  available;  attorney-general  and  county  prosecut- 
ing attorneys  shall  assist,  but  special  counsel  may  be  employed.  Appropriation, 
§3,000  per  year  in  the  interest  of  dairying  and  $1 ,000  in  the  interest  of  pTire  food. 
A  "State  board  of  dairy  and  food  commission"  is  constituted  of  the  secretary  of 
state,  professor  of  agriculture  at  the  agricultural  college,  and  dairy  commissioner; 
members  receive  no  salary,  but  are  allowed  traveling  expenses;  they  report  to  the 
governor  biennially. 

Milk  standard,  3  per  cent  fat,  8  per  cent  solids  not  fat.  Cream.— Cream 
shall  contain  at  least  18  per  cent  fat.  Skimmed  milk, — Skimmed  milk  shall 
be  sold  only  from  cans  plainly  marked.  Adulteratedmilk. — Adulterated,  skimmed, 
diseased,  impure,  etc.,  milk  is  defined  as  any  below  the  standard;  or  which  has  been 
altered  in  any  way;  or  is  from  cows  diseased,  near  the  time  of  parturition,  or 
poorly  cared  for.  or  fed  unwholesome  foods:  or  has  been  exposed  to  infection  by 
disease  germs;  or  has  borax  or  salycylic  acid  added  to  it  to  prevent  souring,  etc. 
It  shall  not  be  sold  nor  delivered  as  pure  milk. 

Persons  selling  milk  from  stores  or  wagons  shall  annually  procure  license  from 
commissioner — fee,  $1  for  each  store  or  wagon. 

Owners  of  dairies  and  milk  venders  shall  annually  report  amount  of  business 
done  on  blanks  furnished  by  the  commissioner. 

Cans  used  by  milk  purchasers  shall  have  their  capacity  marked  upon  them. 

Commissioner  issues  to  manufacturers  of  creamery  butter,  and  makes 
regulations  for  the  use  of,  brands  with  suitable  device  and  words  "Wash- 
ington Creamery  Butter  "  and  registered  numbers  of  the  factories,  and  these  shall 
be  used  on  wrapper  and  outside  of  every  package,  but  not  on  any  other  than  Wash- 
ington creamery  butter.  Owners  of  creameries  shall  report  annually  on  blanks 
furnished  by  the  commissioner. 

Commissioner  issues  to  cheese  manufacturers,  and  makes  regulations  for 
the  use  of,  stencils  with  words  "  Washington  State  Full  Cream  Cheese," 
and  registered  numbers  of  factories,  and  these  shall  be  used  only  on  full  cream 
cheese  (and  packages  for  same)  containing  30  per  cent  fat  and  made  wholly  from 
pure  milk.  Skimmed  cheese. — Cheese  containing  from  15  to  30  per  cent  of  butter 
fat  shall  bo  plainly  marked  "  Skimmed  cheese.''  The  manufacture  of  cheese  con- 
taining less  than  !.">  prr  cent  butter  fat  is  prohibited.  Fancy  clicexe. — Edam,  Pine- 
apple, Swiss,  and  other  fancy  cheese  are  not  included  in  the  above  regulations. 
Owners  of  cheese  factories  shall  report  annually  on  blanks  furnished  by  the  com- 
missioner. 

No  article  which  is  in  imitation  of  pure  yellow  butter  and  is  not 

Imitation  l.uttor. 

made  wholly  from  pure  milk  or  cream,  with  or  without  harmless 

coloring  matter,  shall  be  manufactured,  sold,  or  used  in  any  public  eating  house, 
10034— No.  20—00 :j 


34 

or  eleemosynary,  or  penal  institution,  etc.;  but  oleomargarine,  free  from  color  or 
other  ingredient  to  make  it  look  like  butter,  and  made  in  such  form  and  sold  in 
such  manner  as  will  advise  the  consumer  of  its  real  character,  is  permitted  and 
may  be  used  in  public  eating  places  when  signs  are  displayed.  Renovated  butter. — 
Process  butter  shall  be  plainly  marked  "  Renovated  butter." 

Any  cheese  not  made  whollv  from  pure  milk  or  cream  or  skimmed 

Imitation  cheese.          .*  ,*  . 

milk,  with  salt,  rennet,  and  harmless  coloring  matter,  is  prohibited. 
Miscellaneous.      (No  law.) 

Any  article  of  food  or  drink  is  deemed  to  be  adulterated  if  any  inferior 
or  injurious  substance  has  been  added  to  it,  if  any  valuable  constituent 
has  been  removed,  if  it  is  an  imitation  of  or  sold  as  another  article,  if  it  is  diseased 
or  decomposed  or  (if  milk)  the  product  of  a  diseased  animal,  if  it  is  colored  to  con- 
ceal inferiority,  etc.  With  the  exception  of  mixtures  or  compounds  recognized 
as  ordinary  foods  or  parts  of  foods  which  shall  be  labeled  with  the  names  of  their 
ingredients,  and  are  not  injurious  to  health,  such  articles  are  prohibited. 

WEST  VIRGINIA. 

Milk.     Skimmed  milk. — Skimmed  milk  may  be  used  in  the  manufacture  of  cheese. 

Salt,  rennet,  and  harmless  coloring  matter  are  permitted  in  the 
Butter  and  cheese. 

manufacture  of  butter  and  cheese. 

Any  substance  in  semblance  of  butter  or  cheese,  and  not 
Imitation  butter  and  cheese.  ,          .     .,       „  ...  ,  , 

made  wholly  from  pure  milk  or  cream,  and  packages 

containing  such  substances,  shall  be  plainly  marked;  printed  statements  explain- 
ing the  character  of  the  substance  must  be  given  to  consumers.     Oleomargarine. — 
Oleomargarine  and  artificial  and  adulterated  butter  shall  be  colored  pink. 
Miscellaneous.      (No  law.) 
Pure  food.    The  adulteration  of  any  article  of  food  or  drink  is  a  misdemeanor. 

WISCONSIN. 
Dairy  and  food  commissioner  is  appointed  by  the  gov- 

Dairr  and  food  commissioner.  „       „,  , 

ernor;    term  of  office,  two  years;    salary,  §2,.>00  per 

annum.  He  may  appoint  as  assistant  commissioner  an  expert  on  dairy  products 
at  a  salary  of  $1.600,  a  chemist  at  $1,800,  and  a  clerk  at  $900  per  annum;  also  an 
inspecting  agent  at  $3  per  day.  Authority  extends  to  all  foods,  drinks,  and  drugs. 
County  district  attorneys  shall  assist  in  prosecutions  and  special  counsel  may  be 
employed.  Laboratory  for  analytical  work  is  provided.  Commissioner  shall 
make  biennial  reports;  governor  may  authorize  him  to  assist  at  farmers'  insti- 
tutes, etc. 

Milk  standard,  3  per  cent  fat  and  pure.  Milk  for  city  trade  must  be  pro- 
duced from,  cows  fed  wholesome  food  and  kept  in  clean  stables;  it  must  be 
handled  in  clean  utensils.  Adulterated  milk. — The  sale  or  delivery  of  milk  or 
cream  that  contains  any  foreign  substance  as  color  or  preservative  (viscogen  may 
be  used  if  milk  is  labeled),  or  the  product  of  cows  that  are  diseased  or  improperly 
cared  for  or  fed  slops,  is  prohibited,  and  the  sale  or  delivery  of  adulterated  or 
unwholesome  milk,  or  milk  from  cows  near  the  time  of  parturition,  as  the  pure 
article,  is  prohibited.  Standard  tests  may  be  made  for  proving  adulteration. 

Use  of  boracic  and  salycylic  acids  and  injurious  antiseptics  in  the  manu- 
facture of  butter  are  prohibited. 

An  account  of  daily  operations  must  be  kept  in  creameries.     Milk  or  cream  must 
not  be  used  at  factories  for  benefit  of  any  person  to  whom  it  does  not  belong. 


35 

Unlawful  to  use  false  brands  on  cheese.    Stencil  bearing  suitable  device 

IJBAABA 

and  words  "Wisconsin  full  cream  cheese"  and  registered  number  of  fac- 
tory is  issued  by  commissioner  to  any  factory  applying  for  use  on  bandages  and 
packages  of  full  cream  cheese  under  regulations  prescribed  by  the  commissioner. 
Skimmed  cheese. — Skimmed  cheese  must  be  10  inches  in  diameter  and  9  inches  high. 
Account  of  daily  operations  must  be  kept  in  cheese  factories.     Milk  or  cream 
shall  not  be  used  at  factories  for  benefit  of  any  person  to  whom  it  does  not  belong. 
Any  article  made  partly  or  wholly  out  of  any  fat  or  oil.  etc..  not 

Imitation  butter.  .„  ,    .  ., 

from  pure  milk  or  cream,  ana  in  imitation  ot  yellow  butter,  is 
prohibited;  but  oleomargarine,  free  from  color  or  other  ingredient  to  make  it  look 
like  butter,  and  made  in  such  form  and  sold  in  such  manner  as  will  advise  the 
consumer  of  its  real  character,  is  permitted.  It  shall  not  be  sold  as  butter.  All 
packages  exposed  for  sale  must  be  plainly  marked  "Oleomargarine:"'  signs  must 
be  displayed  in  selling  places  and  on  wagons.  Hotels,  etc..  using  it  must  notify 
guests.  Use  not  permitted  in  charitable  or  penal  institutions.  Renovated  butter. — 
Every  package  or  parcel  of  butter  which  has  been  melted,  renovated,  and  prepared 
in  imitation  of  creamery  butter  shall  be  plainly  marked  '•  Renovated  butter.'' 

Manufacture  or  sale  or  use  in  charitable  or  penal  institutions  of 
Imitation  cheese.  .  .  ,  .,,  ,  ,  .  ,  ,.  *  . 

cheese  made  from  skimmed  milk  to  which  fat  foreign  to  milk  has 

been  added  is  prohibited. 
Miscellaneous.      (Nolaw.) 

Any  article  of  food  or  drink  shall  be  deemed  adulterated  if  any  injuri- 
ous or  inferior  substance  has  been  added  to  it;  if  any  valuable  ingredient 
has  been  removed;  if  it  is  an  imitation  of  or  sold  as  another  article:  if  it  is  diseased, 
infected,  decomposed;  if  it  is  colored  to  conceal  inferiority,  etc.  With  the  excep- 
tion of  certain  ordinary  foods,  which  shall  be  plainly  labeled,  such  articles  are 
prohibited. 

WYOMING. 
Milk.    Milk  is  exempted  from  the  list  of  articles  that  can  not  be  sold  on  Sundays. 

Butter.      (Nolaw.) 
Cheese.      (No  law.) 
Imitation  butter.      (No  law.) 
Imitation  cheese.      (No  law.) 
Miscellaneous.      (No  law.) 

The  adulteration  of  any  article  of  food  or  drink  with  fraudulent  intent 
or  sale  of  same  or  knowingly  selling  any  unwholesome  article  of  food 
or  drink  is  a  misdemeanor. 

CANADA. 

Deteriorated  milk: — Deteriorated  milk,  meaning  that  which  is  adulterated 
or  partly  skimmed,  or  milk  which  is  tainted  or  from  a  diseased  cow,  shall 
not  be  sold  to  a  cheese,  butter,  or  condensed  milk  factory.     Competent  person 
may  use  lactometer  or  cream  gauge  or  other  proper  test  for  inferior  milk. 

Every  package  of  butter  and  cheese,  and  cheese  itself,  for  export, 
Bitter  and  cheeM.       ,,,,',,,  ,. 

shall  be  plainly  marked  "  Canadian,    "Canadien.    or  "  Canada. 

and  the  mutilation  of  these  marks,  or  their  use  on  articles  not  made  in  Canada,  is 
prohibited.  No  package  containing  butter  or  cheese  shall  be  marked  with  the 
name  of  any  month  except  the  month  in  which  the  product  was  made.  Butter  or 
cheese  made  in  a  foreign  country  before  being  offered  for  Hale  must  be  branded 
with  the  name  of  the  country  where  produced.  Skim  cheese. — All  cheese  made 


36 

from  skimmed  milk  shall  be  marked  "Skim-milk  cheese,"  and  packages  contain- 
ing same  shall  be  similarly  marked.  It  is  unlawful  to  remove  or  deface  these 
marks. 

Any  person  engaged  in  the  manufacture  of  butter  or  cheese  may  register  with 
the  minister  of  agriculture,  upon  giving  certain  information,  and  have  a  number 
for  exclusive  use  on  his  products  allotted  to  his  factory  or  creamery. 

The  manufacture  of  oleomargarine,  or  other  substitute  for  butter. 

Imitation  butter. 

rroin  any  animal  substance  except  milk,  or  the  sale  or  same,  is 
prohibited. 

Cheese  made  from  skimmed  milk  to  which  foreign  fat  has  been 
Imitation  cheese.        , ,    .  .  ,.,.,-, 

added  is  prohibited. 

The  governor  in  council  may  make  such  regulations  as  he  considers 
Miscellaneous. 

necessarv  to  enforce  the  law  regarding  dairy  products. 


PULL  TEXTS  OP  DAIRY  LAWS. 

The  dairy  laws  which  were  printed  in  1898  in  the  Fourteenth  Annual 
Report  of  the  Bureau  of  Animal  Industry  and  are  now  in  force,  are 
referred  to  below  by  title.  Laws  enacted  since  the  report  named  was 
issued,  and  a  few  which  were  inadvertently  omitted  from  that  report, 
are  given  in  full. 

UNITED  STATES. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  556-563,  for — 

Forty-ninth  Congress,  Session  I,  1886,  chapter  840'  (sections  1-31). — An  act 
defining  butter,  also  imposing  a  tax  upon  and  regulating  the  manufacture, 
sale,  importation,  and  exportation  of  oleomargarine.  (Approved  August  2, 1886.) 

Fifty -first  Congress,  Session  I,  1890,  chapter  1244,  sections  41  and  53. —An  act  to 
reduce  the  revenue  and  equalize  duties  on  imports,  and  for  other  purposes. 
(Approved  October  1,  1890.) 

Fifty- fourth  Congress,  Session  I,  1896,  chapter  337  (sections  1-19). — An  act 
defining  cheese,  and  also  imposing  a  tax  upon  and  regulating  the  manufacture, 
sale,  importation,  and  exportation  of  "  filled  cheese,"  (Approved  .lune  6,  1896.) 

Fifty-fifth  Congress.  Session  I,  chapter  11.  schedule  Gr,  236-239. — An  act  to  pro- 
vide revenue  for  the  Government  and  to  encourage  the  industries  of  the  United 
States.  (Approved  July  24,  1897.) 

ALABAMA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  563,  for — 

Acts  of  1894-93,  No.  408  (sections  1  and  2). — An  act  to  prevent  deception  in  the 
manufacture  and  sale  of  imitation  butter.  (Approved  February  18,  1895.) 

ARIZONA. 
(No  dairy  laws.) 

ARKANSAS. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  564,  for — 

Acts  and  resolutions  of  1885,  act  127  (sections  1-6). — An  act  to  prevent  decep- 
tion in  the  sale  and  use  of  butter.  ( Approved  April  2,  1«85. ) 


1  A  bill  providing  for  reducing  tho  tax  on  uncolored  oleoirwrKarine  and  im-rea-sing  the  tax  on 
the  article  whon  colored  to  resemble  butter,  was  betore  the  last  Congress  and  will  !*.•  given  early 
consideration  in  the  next. 


38 

CALIFORNIA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  564—  5GS,  for  — 

Statutes  of  1893,  chapter  137  '  (section  1).  —  An  act  entitled  an  act  to  prevent 
the  sale  of  short-  weight  rolls  of  butter.  (Approved  March  11,  1893.) 

Statutes  of  1897,  chapter  76  (sections  1-7).  —  An  act  defining  the  different  grades 
of  cheese  and  for  branding  the  same  manufactured  in  the  State  of  California. 
(Approved  March  4,  1897.) 

Statutes  of  1897,  chapter  75  (sections  1-19).  —  An  act  to  prevent  deception  in  the 
manufacture  and  sale  of  butter  and  cheese,  to  secure  its  enforcement,  and  to 
appropriate  money  therefor.  (Approved  March  4,  1897.) 

Recently  enacted  : 

STATUTES  OF  1899,  CHAPTER  25. 

AX  ACT  to  prevent  deception  in  the  sale  of  processor  renovated  butter.     (Became  a  law,  under 
constitutional  provision,  without  governor's  approval,  February  23,  1899.) 

SECTION  1.  No  person  or  persons,  firms  or  corporation, 

jl  butter     sha]1  sell    Qr  offer  for  gale    Qr  haye  in  nig  Qr  ^^  posges. 

sion  for  sale,  any  butter  manufactured  by  boiling,  melt- 

ing, deodorizing,  or  renovating,  which  is  the  product  of  stale,  rancid,  or  decom- 
posed butt  -r,  or  by  any  other  process  whereby  stale,  rancid,  or  decomposed  butter 
is  manufactured  to  resemble  or  appear  like  creamery  or  dairy  butter,  unless  the 
same  is  plainly  stenciled  or  branded  upon  each  and  every  package,  barrel,  firkin, 
tub,  pail,  square,  or  roll,  in  letters  not  less  than  one  half  inch  in  length,  ''process 
butter,"  or  ''renovated  butter,''  in  such  a  manner  as  the  purchaser  will  be  advised 
of  the  real  character  of  such  "process"  or  ''renovated"  butter. 

SEC.  2.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor. 

SEC.  3.  It  shall  be  the  duty  of  the  district  attomev  of 

D.stnct  attorney  to  prosecute.      ^  and  eyery  county  Qf  ^  ^^  ^^  applicat]on> 

to  attend  to  the  prosecution  in  the  name  of  the  State  of  any  action  brought  for 
the  violation  of  any  of  the  provisions  of  this  act  within  his  district. 

SEC.  4.  The  State  dairy  bureau,  by  its  agent  and  assist- 
State  da.ry  bureau  to  enforce.     ^  .^^  ig  hereby  a^thorized  ^  clir£cted  to  enforce 

all  of  the  provisions  of  this  act.  All  fines  and  penalties  for  the  violation  of  this 
act  shall  be  paid  to  the  agent  or  assistant  agents  of  the  State  dairy  bureau,  and 
by  said  bureau  paid  to  the  State  treasurer. 

SEC.  5.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
Kepeahng  clause.     Qf  ^  ^  ^  ^^  repealed 


In  effect.     SEC.  6.  This  act  shall  take  effect  on  and  after  its  passage. 
STATUTES  OF  1899,  CHAPTER  136." 

AN  ACT  to  provide  for  the  inspection  of  dairies,  factories  of  dairy  products,  and  of  dairy  prod- 
ucts as  to  their  sanitary  condition,  and  as  to  the  health  of  stock;  to  prevent  the  sale  of  niilk, 
and  the  products  of  milk  drawn  from  diseased  animals;  to  prevent  the  spread  of  infectious 
and  contagious  diseases  common  to  stock,  and  to  appropriate  money  therefor.  (Approved 
March  22,  1899.  ) 

Sale  of  impure  or  diseased  milk  forbidden.     SECTION  1.   No    person  Or   persons     firms    or 

corporation,  shall  sell  or  offer  for  sale,  or  have 

in  his  or  their  possession  for  sale,  any  impure  or  unwholesome  milk,  or  any  arti- 
cle of  food  manufactured  therefrom,  or  of  any  cream  from  the  same,  or  milk  drawn 
from  cows,  either  fifteen  days  before  or  five  days  following  parturition,  or  from 
cows  fed  on  unwholesome  food,  or  from  cows  affected  with  any  disease  of  live 
stock,  contagious,  infections,  or  otherwise  capable  of  producing  such  patholog- 
ical changes  as  will  cause  the  products  from  said  animals  to  become  unwhole- 
some for  food. 

1  This  act  is  said  to  be  obsolete  and  violations  of  it  disregarded. 

2  The  principal  difficulty  in  the  way  of  the  enforcement  of  this  law  is  that  a  formal  complaint 
must  be  made  before  the  bureau  has  authority  to  act,  according  to  opinion  of  attorney-general. 


39 

Dairy  bureau  to  make  inspections.     SEC.  2.  It  shall  be  the  duty  of  the  State  dairy  bureau, 

by  its  general  agent  and  assistant  agents,  from  time 

to  time,  as  may  be  required,  upon  complaint  made  to  it  of  the  existence  of  any 
disease  among  dairy  stock,  or  of  unsanitary  conditions,  as  mentioned  and  referred 
to  in  this  act,  to  inspect  all  the  dairies  and  creameries  in  the  state  so  complained 
of,  and  to  carefully  investigate  the  sanitary  conditions  of  the  same.  Said  bureau, 
cattle,  horses,  and  hog*  to  be  inspected.  b?  ^s  agents  and  assistant  agents,  shall  at  the 

same  time  inspect  all  cattle,  horses,  and  hogs, 

belonging,  in  use  by,  or  appurtenant  to  such  dairies  and  creameries,  for  infec- 
tious and  contagious  diseases,  such  as  are  enumerated  in  section  one  of  this  act; 
and  after  such  inspection,  if  said  agent  or  assistant  agent  believes,  or  has  reason 
to  believe,  that  any  contagious  or  infectious  disease  exists  among  the  stock 
inspected,  he  shall  immediately  notify  the  State  veterinarian  of  the  same,  setting 
forth  the  facts  of  the  case,  and  heohall  forthwith  act  upon  such  report. 

SEC.  3.  The  State  dairy  bureau  shall,  and  they  are 
Appo.ntment  of  assistant  agents.  app\>int    from    time    to 


many  assistant  agents,  not  exceeding  twenty,  as  in  their  judgment  may  be  required 
to  carry  out  the  pro  visions  of  this  act.  and  to  fix  their  compensation,  not  to  exceed 
four  dollars  per  day  while  actually  employed,  exclusive  of  their  actual  and  neces- 
sary expenses.  Whenever  competent  assistant  agents  can  be  found  in  counties  or 
districts  where  such  inspection  is  to  be  made,  the  State  dairy  bureau,  by  its  gen- 
eral agent,  shall  appoint  an  assistant  agent  as  inspector,  who  is  not  an  owner  of 
nor  interested  in  any  dairy,  subject  to  the  approval  of  the  bureau,  and  such 
appointment  shall  be  entered  on  the  minutes  of  the  bureau;  provided,  that  such 
assistant  agent  shall  have  had  practical  experience  in  the  manufacture  of  dairy 
products  and  the  care  and  handling  of  stock. 

Monthly  reports  from  employees.    ^l,4'  A11  persons  employed  by  the  bureau  to  carry 

out  the  provisions  of  this  act  shall  render,  under  oath, 

to  the  State  dairy  bureau,  on  or  before  the  fifth  day  of  ea';h  and  every  month,  an 
itemized  statement  of  the  number  of  days  they  were  actually  employed  during  the 
preceding  month:  also,  an  itemized  statement  of  their  actual  expenses,  with 
receipted  vouchers  attached  thereto,  for  all  sums  exceeding  one  dollar,  excepting 
railroad  fares. 

Diseased  animals  to  be  slaughtered.    SEfc-  ?•  Whenever  in  the  judgment  of  the  State 

veterinarian  it  shall  for  the  purposes  of  tins  act 

be  necessary  to  slaughter  any  animal  or  animals  reported  to  him  by  said  agent  or 
assistant  agent,  he  shall  certify  his  reasons  therefor  to  the  agent  ordering  such 
inspection.  The  agent  or  assistant  agent  shall  notify  the  owner  or  owners,  or  the 
person  or  persons  in  charge  of  the  animal  or  animals,  of  the  decision  of  said  State 
veterinary  surgeon,  and  shall  order  the  animal  or  animals  specified  in  the  veteri- 
nary surgeon's  certificate  to  be  slaughtered  immediately.  Any  animal  or  animals 
so  slaughtered  shall  not  be  sold  or  removed,  but  shall  be  destro\'ed  at  the  expense 
of  the  owner  or  owners,  or  the  person  or  persons  in  charge  of  such  animal  or  ani- 
mals, under  the  direction  and  supervision  of  the  agent  or  assistant  agent  ordering 
the  animal  or  animals  slaughtered,  as  may  be  specified  by  the  State  veterinarian. 

SEC.  6.  Whenever  the  agent  or  assistant  agents 

Agents  to  indicate  necessary  improvements.    Qf  ^  bureau  in8pects  ^  y  dairy   creamefVt  or 

any  other  place  where  milk  is  produced,  or  where  products  are  manufactured 
from  the  same,  including  barns,  c-orrals,  hog  yards,  and  places  used  for  stock  pur- 
poses, and  utensils  used  in  dairies  and  creameries,  and  finds  the  same  not  in  good 
sanitary  condition,  he  shall  direct  in  writing  such  changes  to  be  made  as  will  put 
the  same  in  good  sanitary  condition.  Such  written  directions  shall  be  served  on 
the  owner  or  owners,  or  upon  the  person  or  persons  having  charge  of  the  premises, 
giving  the  parties  so  notified  thirty  days  to  make  such  changes  as  directed.  If 
such  changes  are  not  made  within  thirty  days,  the  person  or  persons  refusing  or 
neglecting  to  make  such  changes  as  directed  shall  be  deemed  gu.lty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  as  hereinafter  prescribed. 

..  ,,4i  SEC.  7.  Whenever  any  infectious  or  contagious  dis- 

Suppre-Hlon  of  contagious  diseases.  dairy  /tock  8ha]1   be  brought  into  Or 


break  out  in  this  State,  the  State  dairy  bureau,  by  its  agent  and  assistant  agents, 
shall  take  prompt  measures  to  suppress  the  same,  and  to  prevent  such  disease 
from  spreading,  and  for  that  purpose  shall  immediately  notify  the  State  veterina- 
rian, and  he  shall  forthwith  inspect  the  matters  so  reported  and  act  thereon. 

...  .      SKC.  s.  The  agent  or  assistant  agents  shall  also  have  the 

'    power  to  require  each  and  every  person,  firm  or  corpora- 


40 

tion,  having  any  stock  in  his  or  their  possession,  or  under  his  or  their  control,  to 
drive  the  same  into  corrals  or  small  inclosnres,  for  the  purpose  of  inspection. 
Said  agent  shall  give  at  least  twenty  -four  hours'  notice  to  the  parties,  of  the  time 
he  requires  such  stock  to  be  corralled;  proinded.  that  where  it  is  impracticable  to 
corral  stock  on  large  stock  ranges,  the  owner  or  the  person  or  persons  having  con- 
trol of  the  same  shall  go  with  the  agent  or  send  some  person  to  point  out  the  stock 
to  be  inspected. 

SEC.  9.     It  shall  be  the  duty  of  the  district  attorney  of 
D.stnct  attorney  to  proserute.  applica&on 


of  the  agent  or  assistant  agents  of  the  State  dairy  bureau,  to  attend  to  the  prose- 
cution. in  the  name  of  the  State,  of  any  action  brought  for  the  violation  of  any  of 
the  provisions  of  this  act,  within  his  district. 

SEC.    10.  Anv  person  or  persons,   firms  or  corporations, 
Violation  a  misdemeanor.  „      .  i      .,.• 

refusing  or  neglecting  to  comply  with  or  conform  to  the 

provisions  of  this  act.  when  required  to  do  so  by  the  agent  or  assistant  agents  of 
the  State  dairy  bureau,  or  who  shall  in  any  manner  interfere  with  them  in  the 
performance  of  their  duties  under  this  act,  shall  be  guilty  of  a  misdemeanor.  Who- 
ever shall  violate  any  of  the  provisions  or  sections  of  this  act  shall  be  guilty  of  a 
n.  ...  „..  misdemeanor.  All  fines  collected  under  the  provisions  of  this 

act  shall  be  paid  to  the  agent  of  the  State  dairy  bureau,  and  by 
said  bureau  paid  into  the  State  treasury. 

SEC.  11.  For  the  purpose  of  obtaining  accu- 
Annual  report  to  contain  statical  matter.       ^  information  ^gSding  the  dairy  ind  US- 

tries  of  the  State,  the  dairy  bureau  shall  annually  require  in  writing  from  each 
owner  or  manager  of  a  dairy,  owning  or  controlling  any  dairy  stock  exceeding  one 
dozen  cows  in  number,  a  report  showing  location  of  dairy,  number  and  breed  of 
all  dairy  stock  in  use  or  appurtenant  thereto,  together  with  such  other  pertinent 
information  as  said  bureau  may  require.  Information  thus  obtained  shall  be 
embraced  in  the  annual  report  of  the  dairy  bureau. 

SEC.  12.  It  shall  be  the  duty  of  the  State  dairy  bureau 

State  dairy  bureau  to  enforce.  .  ^    -,   •.       n  T       •*_  ^  ±          a 

now  provided  by  law,  by  its  general  agent,  to  enforce 

the  provisions  of  this  act.     Such  agent  shall  receive  an  additional  salary  of 
Salar  -  of  a  ent       ^^  Collars  Per  month,  payable  out  of  the  money  appropriated  for 
the  enforcement  of  this  act. 

Appro  >ri  ti  n  ^EC-  ^'  There  is  hereby  appropriated  for  the  use  of  the  State  dairy 
bureau,  in  enforcing  and  carrying  out  the  provisions  of  this  act, 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated,  the  sum  of  one 
thousand  dollars  (§1.000)  for  the  remainder  of  the  fiftieth  fiscal  year;  three  thou- 
sand seven  hundred  and  fifty  dollars  (§3,750)  for  the  first  six  months  of  the  fifty- 
first  fiscal  year;  three  thousand  seven  hundred  and  fifty  dollars  ($8,750)  for  the 
last  six  months  of  the  fifty-first  fiscal  year;  and  five  thousand  dollars  (§5.000)  for 
the  fifty-second  fiscal  year. 

Disburs  t  SEC.  14.  All  salaries,  fees,  costs,  and  expenses  shall  be  drawn  from 
the  moneys  so  appropriated,  and  the  State  controller  shall  draw  his 
warrant  on  the  State  treasury  in  lavor  of  the  person  or  persons  entitled  to  the 
same;  provided,  that  the  State  board  of  examiners  are  hereby  specially  prohibited 
from  granting  or  allowing  any  deficiency  to  the  State  dairy  bureau  for  the  pur- 
poses of  this  act:  and  provided  further,  that  in  no  event  shall  there  be  more 
agents  or  assistant  agents  employed,  or  expenses  incurred  under  this  act  than  the 
appropriations  herein  made  will  pay  for  the  respective  periods  for  which  they  are 
made. 

In  effect.    SEC.  15.  'This  act  shall  take  effect  immediately. 

COLORADO. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  568-570,  for: 

Laws  of  1895,  chapter  19  (sections  1-18).  '  —  An  act  to  create  the  office  of  State 
dairy  commissioner  and  to  define  his  duties;  and  to  regulate  the  manufacture  and 
sale  of  all  products  of  the  dairy  and  all  imitations  thereof:  and  to  provide  the  pen- 
alty for  violations  thereof  ;  and  making  appropriations  therefor;  and  to  repeal  an 
act  entitled  "An  act  to  regulate  the  manufacture  and  sale  of  oleomargarine,  cre- 

1  Section  2  of  this  act  provides  for  the  employment  of  a  practical  chemist,  but  no  appropria- 
tion is  made  for  paying  for  such  services,  and  private  donations  have  to  be  depended  iipon. 


41 

ating  the  office  of  State  dairy  commissioner  and  denning  his  duties,  and  making 
appropriation  therefor,"  approved  April  12,  1893,  and  all  acts  and  parts  of  acts 
inconsistent  with  the  provisions  of  this  act.  (Approved  April  1,  1895.) 

CONNECTICUT. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  570-574,  for: 

General  statutes,  revision  of  1887,  sections  2614-2619  and  2658-2664. '—Concern- 
ing imitation  butter,  appointment  of  dairy  commissioner,  and  impure  milk. 

Public  Acts  1897.  chapter  145  (sections  1-3). — An  act  concerning  the  selling  of 
tub  butter.  (Approved  May  5,  1897.) 

Public  Acts  1895.  chapter  235  (sections  1-10). — An  act  regulating  the  manufac- 
ture and  sale  of  food  products.  (Approved  June  26,  1895.)  [See  amendment  fol- 
lowing:] 

Sections  recently  amended: 

PUBLIC;  ACTS  OP  1895,  Chapter  2K 

SEC.  4.   (As  amended  by  section  1,  chapter  23  of 

Connecticut  Agricultural  Experiment    Pnh1!^  Actsof  1S(><)  )  The  Connecticut  A  £rrir>n1tnr-il 
Station  to  make  analyses.  ;"• '  <Ut  Agricultural 

Experiment  Station  shall  make  analyses  of  food 

products  on  sale  in  Connecticut,  or  kept  in  Connecticut  for  export,  to  be  sold  with- 
out the  State,  suspected  of  being  adulterated.  Samples  of  food  products  for 
analysis  shall  be  taken  by  the  duly  authorized  agents  or'  the  station,  or  by  th  > 
dairy  commissioner  or  his  deputy,  at  such  times  and  places  and  to  such  an  extent 
as  in  the  judgment  of  the  officers  of  said  experiment  station  and  of  the  dairy 

commissioner  shall  seem  exped  ent.     The  dairy  com- 
Poners  of  dairy  oommiss.oner.       migsioner  Qr  hig  cleputy  shafi  naye  fn]1   access- at  all 

reasonable  hours  to  any  place  wherein  it  is  suspected  that  there  is  kept  for  sale  or 

for  export,  as  above  specified,  any  article  of  food  adulterated  with  any  deleterious 

or  foreign  ingredient  or  ingredients,  and  said  dairy  commissioner  or  his  deputy, 

upon  tendering  the  market  price  of  such  article,  may  take  from  any  person,  firm, 

or  corporation,  samples  of  the  same.     The  said  experiment  station 

'    may  adopt  or  fix  standards  of  purity,  quality,  or  strength,  when 

such  standards  are  not  specified  by  law. 

SEC.  5.  (As  amended  by  section  1,  chapter  22 

Commissioner  to  lie  notified  of  adulteration.        c  -,-,    ,,.v     .     ,        ,.  ,onn\    \*r\ 

of  Public  Acts  of  1899.)  Whenever  said  ex- 
periment station  shall  find  by  its  analysis  that  adulterated  food  products  have 
been  on  sale  in  the  State,  or  kept  in  the  State  for  export,  for  sale  without  the  State, 
it  shall  forthwith  tra*  •  smit  the  facts  so  found  to  the  dairy  commissioner,  who  shall 
make  complaint  to  the  proper  prosecuting  officer,  to  the  end  that  violators  of  the 
law  relating  to  the  adulteration  of  food  products  shall  be  prosecuted. 

DELAWARE. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  574-57G,  for: 

Laws  of  1887,  chapter  231  (sections  1-4). — An  act  for  the  protection  of  the  pub- 
lic health  and  to  prevent  adulteration  of  dairy  products  and  fraud  in  the  sale 
thereof.  (Passed  April  15,  1887.) 

Laws  of  1895,  chapter  209  (sections  1-5). — An  act  to  prevent  dec-option  in  the 
manufacture  and  sale  of  imitation  butter.  (Passed  May  8,  1895.) 

DISTRICT  OF  COLUMBIA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  57<>-">Sl,  for: 

Fifty-third  Congress,  Session  III,  chapter  1(54  (sections  1-15). — An  act  to  regu- 
late the  sale  of  milk  in  the  District  of  Columbia,  and  for  other  purposes. 
(Approved  March  2,  18i)5.)v 


1  $l,M«i  is  appropriated  for  the  I'XpenwH  of  the  office  of  tin-  dairy  commissioner. 
5  The  health  officer 'a  regulations  in  force  under  this  :u-t  arc  dated  July  HI,  1S1»T. 


42 

Forty-fifth  Congress,  Session  III,  chapter  22  (sections  1-3).— An  act  for  the  pro- 
tection of  dairymen,  and  to  prevent  deception  in  sales  of  butter  and  cheese  in  the 
District  of  Columbia.  (Approved  January  25,  1879.) 

Fifty-filth  Congress,  Session  II,  chapter  25  (sections  1-10). — An  act  relating  to 
the  adulteration  of  foods  and  drugs  in  the  District  of  .Columbia.  (Approved 
February  IT,  1898.) 

FLORIDA. 

[The  following  Revised  Statutes  include  the  dairy  law  published  in  the  Four- 
teenth Annual  Report  of  the  Bureau  of  Animal  .Industry  (page  581),  and  other 
sections  which  might  apply  to  dairy  products:] 

SEC.  2059.  Whoever  knowingly  sells  any  kinds 

S     ISSrtJr  Srink-  Senkltar!1  °?  diseased,  corrupted  or  unwholesome  pro- 

visions, whether  tor  meat  or  drink,  without 

making  the  same  fully  known  to  the  buyer,  shall  be  punished  by  imprisonment 
not  exceeding  six  months,  or  by  fine  not  exceeding  two  hundred  dollars. 

SEC.  2660.  Whoever  fraudulently  adulterates,  for  the 
iSed1  foffoodf  £$£?*  l^rpose  of  sale,  bread  or  any  other  substance  intended 

for  food,  with  any  substance  injurious  to  health,  shall 

be  punished  by  imprisonment  not  exceeding  one  year,  or  by  fine  not  exceeding 
three  hundred  dollars;  and  the  articles  so  adulterated  shall  be  forfeited  and 
destroyed  under  the  direction  of  the  court. 

SEC.  2662.  Whoever  knowingly  and  willfully  sells  or 
Sale  of  ^unousjjreijarations  as  caiiseg  to  be  soid  as  butter  any  spurious  preparation 

purporting  to  be  butter,  whether  known  as  oleomar- 
garine, or  by  any  other  name,  shall  be  punished  by  imprisonment  not  exceeding 
thirty  days,  or  by  fine  not  exceeding  one  hundred  dollars. 

SEC.  2663.  Any  keeper  of  any  hotel  or  board- 
Use  „,  hotels,  etc.,  must  be  made  kn<mn.     ing   houge  ^  ^  knowinj]y  and  willf  uuy, 

without  giving  notice  to  guests  at  the  table,  supply  oleomargarine  or  other 
spurious  preparation  purporting  to  be  butter,  for  the  use  of  guests,  shall  be  sub- 
ject to  the  same  penalty. 

GEORGIA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  581-583,  for — 

Acts  of  1895,  part  1,  title  7,  No.  207  (sections  1-14). — An  act  to  regulate  the  sale 
of  milk,  butter,  and  cheese,  and  to  prescribe  penalties  for  the  unlawful  sale  or 
offering  for  sale  of  any  watered  or  adulterated  or  unwholesome  milk,  and  imita- 
tions or  adulterations  of  butter  and  cheese.  (Approved  December  16,  1895.) 

IDAHO. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  583,  for — 

General  Laws,  1884-85,  page  61  (sections  1-2).— An  act  to  prevent  the  sale  of 
oleomargarine,  butterine,  mixtures  imitating  or  adulterated  butter.  (Approved 
January  27,  1885.) 

Revised  Statutes  of  1897,  section  6918. — Concerning  adulterated  foods,  etc. 

ILLINOIS. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  583-588,  for — 

Laws  of  1879,  page  111  (sections  1-7)  (=  Kurd's  Revised  Statutes,  chapter  38, 
sections  9-9e). — An  act  to  regulate  the  sale  of  milk  and  to  provide  penalties  for  the 
adulteration  thereof.  (Approved  May  29,  1879.) 

Laws  of  1883,  page  54  (sections  1-4)  (=  Revised  Statutes,  chapter  5,  sections 
29-32). — An  act  to  require  operators  of  butter  and  cheese  factories  on  the  cooper- 
ative plan  to  give  bonds,  and  to  prescribe  penalties  for  the  violation  thereof. 
(Approved  June  18,  1883.) 


43 

Laws  of  1879,  page  11  (sections  1-3)  (=  Revised  Statutes,  chapter  38,  sections 
39a-3iic). — An  act  to  prevent  frauds  in  the  manufacture  and  sale  of  butter  and 
cheese.  (Approved  May  31,  1879. ) 

Laws  of  1881,  page  74  (sections  1  and  2)  (= Revised  Statutes,  chapter  38,  sec- 
tions 9f,  9g). — An  act  to  prevent  the  adulteration  of  butter  and  cheese,  or  the  sale 
or  disposal  of  the  same,  or  the  manufacture  or  sale  of  any  article  as  a  substitute 
for  butter  or  cheese,  or  any  article  to  be  used  as  butter  and  cheese.  (Approved 
Junel,  1881.) 

Laws  of  1881,  page  75  (sections  1,  3-8)  (=  Revised  Statutes,  chapter  38,  sec- 
tions 9h-9o). — An  act  to  prevent  and  punish  the  adulteration  of  articles  of  food, 
drink,  and  medicine,  and  the  sale  thereof  when  adulterated.  (Approved  June 
1,  1881.) 

Laws  of  1897,  page  3  (sections  1-11)  (=Revised  Statutes,  chapter  38,  sections 
39d-3!)n). — An  act  to  regulate  thetmanufacture  and  sale  of  substitutes  for  butter. 
(Approved  June  14,  1897.) 

Laws  of  1885,  page  207  (sections  1  and  3)  (=Revised  Statutes,  chapter  38,  sec- 
tions 104a-104c). — An  act  to  protect  the  public  from  imposition  in  relation  to 
canned  or  preserved  food.  (Approved  June  27,  1885.) 

Additional  laws  are  as  follows: 

LAWS  OF  1897,  page  268. 
AN  ACT  to  fix  the  standard  of  analysis  of  milk.     (Approved  June  7, 1897.) 

That  the  standard  of  analysis  for  milk  in  this  State  as  to  ingredi- 
'    ents  and  proportions  shall  be  water,  eighty-eight  per  centum,  milk 
solids,  twelve  per  centum,  and  said  milk  solids  shall  contain  not  less  than  three 
per  centum  of  butter  fat. 

When  contracts  are  made  for  milk  purchased  within  this  State  for  delivery 
within  or  without  this  State  no  other  standard  shall  be  used  except  by  special  con- 
tract in  writing. 

LAWS  OP  1899,  page  368. 

AN  ACT  to  provide  for  the  appointment  of  a  State  Food  Commissioner  and  to  define  his  powers 
and  duties  and  fix  his  compensation,  and  to  prohibit  and  prevent  adulteration,  fraud,  and 
deception  in  the  manufacture  and  sale  of  articles  of  fowl,  and  to  repeal  certain  acts  or  parts 
of  acts  herein  named.  (Approved  April  24, 1899.) 

,          .    .  SECTION  1.  That  the  office  of  State  Food  Coinmis- 

Food  commissioner;  term,  salary.      ^^    fof   ^  ^ie   Qf    ^.^   ig   hereby   created 

Within  thirty  days  after  this  act  shall  take  effect  such  commissioner  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 
and  his  term  of  office  shall  be  for  two  (2)  years  from  the  date  of  his  appointment 
and  until  his  successor  is  appointed  and  qualified.  Thereafter  the  term  of  office 
of  the  commissioner  shall  be  for  four  years  and  until  his  successor  is  qualified. 
The  salary  of  the  commissioner  shall  be  twenty-five  hundred  dollars  (S2,500)  per 
annum  an  d  his  necessary  and  actual  expenses  in  the  discharge  of  his  official  duties 

SEC.  2.  Such  commissioner  may,  with  the  advice  and  con- 
'    sent  of  the  Governor,  appoint  two  assistant  commissioners, 
each  of  acknowledged  standing,  ability  and  integrity,  one  of  whom  shall  be  an 
expert  in  the  matter  of  dairy  products,  and  the  other  of  whom  shall  be  a  practical 
and  analytical  chemist,  who  shall  be  known  as  the  State  analyst.     The  salaries 
s  .  r|(  K      of  such  assistants  shall  not  exceed  eighteen  hundred  dollars  ($1 .800)  each 
per  annum  and  their  necessary  and  actual  expeusi-s  incurred  in  the  dis- 
charge of  their  official  duties.     In  case  of  the  absence  or  inability  of  the  State 
analyst  to  perform   all  the  duties  of  his  otnci'.  the  commissioner  may  appoint 
Home  competent  person  to  assist  in  the  same  temporarily. 

SEC.  3.  The  food  commissioner  shall   have  authority  to 
'    appoint  necessary  inspectors  not  exceeding  six  in  number 

to  assist  in  the  work  of  the  food  c  rtumissioiu-r.  at  such  times  and  for  such  periods 
of  time  as  may  be  required  in  the  enforcement  of  the  dairy  and  food  laws  of  the 
State.  Such  inspectors  shall  have  the  same  right  of  access  to  places  to  be  inspected 
as  the  commissioner.  The  compensation  of  such  inspectors  shall  bo  three  dollars 
($3.00)  per  day  for  each  day  of  actual  service,  and  their  necessary  and  actual 
expenses  when  so  employed. 


44 

SEC.  4.  It  shall  be  the  duty  of  the  commissioner  to  enforce  all 
laws  that  now  exist  or  that  may  hereafter  be  enacted  in  this 
State  regarding  the  production,  manufacture,  or  sale  of  dairy  products,  or  the 
adulteration  of  any  article  of  food,  and  personally  or  by  his  assistants  to  inspect 
any  article  of  food  made  or  offered  for  sale  within  this  State,  which  he  may, 
through  himself  or  his  assistants,  suspect  or  have  reason  to  believe  to  be  impure, 
unhealthful,  adulterated,  or  counterfeit,  and  to  prosecute,  or  cause  to  be  prose- 
cuted. any  person  or  persons,  firm  or  firms,  corporation  or  corporations,  engaged 
in  the  manufacture  or  sale  of  any  adulterated  or  counterfeit  article  or  articles  of 
food  contrary  to  the  laws  of  this  State. 

SEC.  5.  It  shall  be  the  duty  of  the  food  commissioner 

Analysis  of  suspected  art.cles.      to  carefu]lv  in(^ire  into  &Q  quality  of  the  d&iry  an(j 

food  products,  and  the  several  articles  which  are  foods  or  the  necessary  constitu- 
ents of  food  which  are  manufactured  for  sale  or  sold  or  exposed  or  offered  for  sale 
in  this  State,  and  he  may  in  a  lawful  manner  procure  samples  of  the  same,  and 
direct  the  State  analyst  to  make  due  and  careful  examination  of  the  same  and 
report  to  the  commissioner  the  results  of  the  analysis  of  all  or  any  such  food  or 
dairy  products  as  are  adulterated,  impure  or  unwholesome,  in  contravention  of 
the  laws  of  this  State,  and  it  shall  be  the  duty  of  the  commissioner  to  make  com- 
plaint against  the  manufacturer  or  vendor  thereof  in  the  proper  county,  and  fur- 
nish the  prosecuting  attorney  with  the  evidence  thereon  and  thereof  to  obtain  a 
conviction  for  the  offense  charged.  The  food  commissioner  or  his  assistants,  or 

anv  person  by  him  dulv  appointed  for  that  purpose, 
Powers  of  food  commissioner.       ,  "ii*i_  iv.  "       e  c  ^u    •     i    j.- 

shall  have  power  in  the  performance  of  their  duties  to 

enter  any  dairy,  creamery,  cheese  factory,  store,  saleroom,  warehouse  (except 
bonded  warehouses  for  the  storage  of  distilled  spirits),  where  goods  are  stored  or 
exposed  for  sale,  or  place  where  they  have  reason  to  believe  food  is  stored  or 
offered  for  sale,  and  open  any  cask.  tub.  jar,  bottle,  or  package  containing  or  sup- 
posed to  contain  any  article  of  food,  and  examine  or  cause  to  be  examined  the 
contents  thereof,  and  take  therefrom  samples  for  .analysis.  The  person  making 
kiii  r  }  such  inspection  shall  take  such  sample  of  such  article  or  product 
in  the  presence  of  at  least  one  witness,  and  he  shall,  in  the  pres- 
ence of  such  witness,  mark  or  seal  such  sample  and  shall  tender,  at  the  time  of 
taking,  to  the  manufacturer  or  vendor  of  such  product,  or  to  the  person  having 
the  custody  of  the  same,  the  value  thereof,  but  if  the  person  from  whom  such 
sample  is  taken  shall  request  him  to  do  so,  he  shall  at  the  same  time,  and  in  the 
presence  of  the  person  from  whom  such  property  is  taken,  securely  seal  up  two 
samples  of  the  article  seized  or  taken,  the  one  of  which  shall  be  for  examination 
or  ana  ysis  under  the  direction  of  the  commissioner,  and  the  other  of  which  shall 
be  delivered  to  the  person  from  whom  the  article  was  taken.  Any  person  who 
Penait  -  for  hindrance  s^a^  obstruct  the  commissioner  or  any  of  his  assistants  by 
refusing  to  allow  him  entrance  to  any  place  which  he  desires 
to  enter  in  the  discharge  of  his  official  duty,  or  refuse  to  deliver  to  him  a  sample 
of  any  article  of  food  made,  sold,  offered  or  exposed  for  sale  by  such  person,  when 
the  same  is  requested,  and  when  the  value  thereof  is  tendered,  shall  be  guilty  of 
a  misdemeanor,  punishable  by  a  fine  of  not  exceeding  fifty  (50)  dollars  for  the 
first  offense,  and  not  exceeding  five  hundred  (500)  dollars  or  less  than  fifty  dollars 
($50)  for  each  subsequent  offense. 

State's  attorneys  to  assist.     SEC"  ,6'  **  f  aj  be  the,  dut>'  .f  Jhe  State's  attorney  in  any 
county  ot  the  State,  when  called  upon  by  the  commissioner 

or  any  of  his  assistants,  to  render  any  legal  assistance  in  his  power  to  execute  the 
laws  and  to  prosecute  cases  arising  under  provisions  of  this  act. 

State  board  of  health  to  funnsh  samples.     ?Ff:7'   The  ?tate  board  of  health  may  submit 

to  the  commissioner  or  to  any  ot  his  assistants 
r  examination  or  analysis,  and  shall  receive  special 
such  examination  or  analysis. 

SEC.  8.  It  shall  be  unlawful  for  the  State  analvst. 

Certificates  of  analysis  forbidden.          ,  ••,  ,     ,-,    ,  -       ,».  ,.         .  ,    ,         '"""•"  "    "J    : 

while  he  holds  his  office,  to  furnish  to  any  individual. 

firm  or  corporation  an}'  certificate  as  to  the  purity  or  excellence  of  any  article  man- 
ufactured or  sold  by  them  to  be  used  as  food  or  in  the  preparation  of  food. 

Payment  of  salaries  and  expenses.     SEC.  9    The  salary  of  the  commissioner  shall  l,e  paid 

from  the  fund  appropriated  for  the  payment  of  the 

salaries  of  State  officers,  and  his  assistants  shall  be  paid  out  of  the  State  treasury 
from  the  same  fund  and  in  the  same  manner  as  the  salaries  of  other  employes  of 
the  State  are  paid,  and  their  official  expenses  shall  be  paid  at  the  end  of  each  cal- 


samples  of  food  or  drink  for  examination  or  analysis,  and  shall  receive  special 
reports  showing  the  result  of  such  examination  or  analysis. 


45 

endar  month  upon  bills  duly  itemized  and  approve  1  by  the  Governor,  and  the 
amount  necessary  to  pay  sucii  salaries  and  expenses  is  hereby  appropriated. 

Chemical  laboratory  appropriation.     SEC.  ™'  Th»  commissioner  may,  under  the  direc- 

tion of  the  Governor,  fit  up  a  laboratory  with  suffi- 

cient apparatus  for  making  the  analysis  contemplated  in  this  act,  and  for  such 
purpose  the  sum  of  fifteen  hundred  dollars  (§1.51)0)  ,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated;  and  for  the  purpose  of  providing  materials,  and 
for  necessary  expenses  connected  with  the  making  of  such  analysis,  there  is  also 
hereby  appropriated  so  much  money  as  may  be  necessary,  not  exceeding  six  hun. 
dred  dollars  ($'300)  annually.  The  appropriation  provided  for  in  this  section  shalj 
be  drawn  from  the  State  treasury  upon  certified  bills  approved  by  the  Governor 

SEC.  11.  The  com  uiissi  oner  shall  make  an  annual  report 
Annual  report  of  commissioner.  ,,      ^  ,     ,.  ,   ,          c   . 

to  the  Governor  on  or  before  the  hrst  day  of  J  anuary  in 

each  year,  which  shall  be  printed  and  published.  Such  report  shall  cover  the 
doings  of  his  office  for  the  preceding  year  and  shall  show,  among  other  things,  the 
number  of  factories,  creameries  and  other  pla--es  inspected,  and  by  whom;  the  num- 
ber of  specimens  of  food  articles  analyzed  and  the  State  analyst's  report  upon  each 
one  when  the  analysis  indicates  the  same  to  be  contrary  to  law;  the  number  of 
complaints  entered  against  persons  for  violation  of  the  laws  relative  to  the  adul- 
teration of  food;  the  number  of  convictions  had  and  the  amount  of  fines  imposed 
therefor,  together  with  such  recommendations  relative  to  the  statutes  in  force  as 
M  nt  hi  bulletin  his  experience  may  justify.  The  commissioner  may  also  prepare, 
print  and  distribute  [to]  the  newspapers  of  the  State,  and  to  such 
persons  as  may  be  interested,  or  may  apply  therefor,  a  monthly  bulletin  contain- 
ing the  results  of  inspections,  the  results  of  analysis  made  by  the  State  analyst  of 
articles  of  food  offered  by  [for]  sale  contrary  to  law,  with  proper  explanation  of 
the  same,  and  such  other  information  as  may  come  to  him  in  his  official  capacity 
relating  to  the  adulteration  of  food  and  drink  products  and  of  dairy  products,  so 
far  as  he  may  deem  the  same  of  benefit  and  advantage  to  the  public:  also  a  brief 
summary  of  all  the  work  done  during  the  month  by  the  commissioner  and  his 
assistants  in  the  enforcement  of  the  laws  of  the  State,  but  not  more  than  ten  thou- 
sand copies  of  each  of  such  monthly  bulletins  shall  be  printed:  Provided,  the  neces- 
state  >rinter  sar^  Prmting  shall  be  done  by  the  State  printer,  and  all  expenses  for 
stationery  and  printing  shall  be  audited,  and  paid  from  the  same 
fund  and  in  the  same  manner  as  other  State  printing  and  stationery. 
Fines  to  state  treasury.  A1J  fines  penalties  and  costs  recovered  for  violations  of  this 
act  and  other  acts  now  enacted  or  hereafter  to  be  enacted 

prohibiting  or  regulating  the  adulteration  of  foods,  shall  be  paid  into  the  State 
treasury  to  the  credit  of  the  general  fund  of  the  State. 

Manufacture  or  sale  of  adulterated  food.      SEC"   ™'    '  N°    IfSOn    shall  ,    within    this    State, 

manufacture  for  sale,  have  in  his  possession 

with  intent  to  sell,  offer  for  sale,  or  sell,  any  article  of  food  which  is  adulterated 
within  the  meaning  of  this  act. 

Food  defined      ^EC>  ^'  The  term  "food,"  as  used  herein,  shall  include  all  articles, 
whether  simple,  mixed  or  compound,  used  for  food,  candy,  drink  or 
condiment  by  man  or  domestic  animals. 


Adulteration  defined     ^EC*  ^'  An  ar^cle  shall  be  deemed  to  be  adulterated  within 
the  meaningof  thisact:1  First  —  If  any  substance  or  substances 


1  The  State  food  commissioner  has  published  the  following  rules: 

All  milkoftered  f  or  sale  must  bo  from  healthy  cows  of  clean  and  wholesome  character,  unadul- 
terated, free  from  preservative,  and  must  contain  not  less  than  three  per  cent  of  butter-fat. 

The. use  of  tho  word  "Cream"  on  condensed  milk  cans  is  deemed  priinu  facie  evidence  of 
Intent  to  commit  fraud. 

Condensed  milk  shall  bo  made  from  milk  containing  at  least  the  legal  standard  of  three  per 
cent  butter-fat  and  evaporated  to  one-third  or  less  of  its  original  volume. 

Condensed  »kim  milk  must  be  plainly  lal>eled  as  such. 

Imitation  butter  must  not  be  marked  and  sold  as  "  Creamery  "  or  "  Dairy,"  but  each  should 
lx)  marked  plainly  with  its  own  name,  but  must  bo  branded  "  Imitation  Butter." 

Oleomargarine,  bi  tterine  and  imitation  butter  can  bo  manufactured  and  sold  under  their 
appropriate  names  and  color  when  appropriately  labeled  Each  tub,  package  or  parcel  shall 
have  distinctly  and  durably  painted,  stamped  or  marked  thereon  the  true  and  appropriate  name 
of  such  substance  in  ordinary  bold-facod  capital  letters,  not  loss  than  five  lines  pica. 

"Whole  milk  "cheese,  commonly  miscalled  "full  cream  "  cheese,  must  contain  at  least  forty- 
eight  per  cent  of  fat  to  total  soli. is. 

Butter  shall  contain  at  least  NO  per  cent  of  fat. 

"Coffee  cream"  shall  contain  at  least  16  per  cent  of  fat,  and  "whipping  cream  "  at  least  23 
per  cent. 

Canned  goods  mnst  lie  labeled  with  grade  or  quality  of  the  goods  and  the  name  and  address 
of  tho  seller  or  manufacturer. 


46 

has  or  have  been  mixed  with  it  so  as  to  depreciate,  lower  or  injuriously  affect  its 
quality,  strength,  or  purity.  Second — If  any  inferior  or  cheaper  substance  or 
substances  has  or  have  been  substituted  wholly  or  in  part  for  the  article.  Tit  ird — 
If  any  valuable  necessary  constituent  or  ingredient  has  been  wholly  or  in  part 
abstracted  from  it.  Fourth — If  it  be  an  imitation  of  and  sold  under  the  name  of 
another  article.  Fifth — If  it  is  mixed,  colored,  coated,  polished  or  powdered, 
whereby  damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is  made  to 
appear  better  or  of  greater  value  than  it  really  is.  Sixth — 1  f  it  contains  any  added 
substance  or  ingredient  which  is  poisonous  or  injurious  to  health.  Seventh— If  it 
consists  wholly  or  in  part  of  a  decomposed,  putrid,  infected,  tainted  or  rotten  ani- 
mal or  vegetable  substance  or  article,  whether  manufactured  or  not.  or  if  it  is  the 
product  of  a  diseased  animal,  or  if  of  an  animal  that  has  died  otherwise  than  by 
slaughter:  Provided,  that  an  article  of  food  which  does  not  contain  any  ingedient 
injurious  to  health,  and  in  the  case  of  mixtures  or  compounds,  which  maybe  now, 
or  from  time  to  time  hereafter,  known  as  articles  of  food  under  their  own  distinc- 
tive names,  or  which  shall  be  labeled  so  as  to  plainly  indicate  that  they  are  mix- 
tures, combinations,  compounds,  or  blends,  and  not  included  in  definition  fourth 
of  this  section,  shall  not  be  deemed  to  have  been  adulterated:  Provided  further, 
that  all  manufactured  articles  of  food  offered  for  sale  shall  be  distinctly  labeled, 
marked  or  branded  with  the  name  of  the  manufacturer  and  place  of  manufacture, 
or  the  name  and  address  of  the  packer  or  dealer  who  sells  same. 

******* 

.,  ,  ,  SEC.  20.  No  packer  or  dealer  in  preserved  or  canned  fruits  and  vege- 
'  tables,  or  other  articles  of  food,  shall  sell  or  offer  for  sale  such  canned 
or  preserved  fruits  and  vegetables  or  other  articles  of  food,  unless  they  shall  be 
entirely  free  from  substances  or  ingredients  deleterious  to  health,  and  unless  such 
articles  bear  a  mark,  stamp,  brand,  or  label,  bearing  the  name  and  address  of  the 
firm,  person,  or  corporation  that  packs  same,  or  dealer  that  sells  same.  All  soaked 
or  bleached  goods  or  goods  put  up  from  products  dried  before  canning,  shall  be 
plainly  marked,  branded,  stamped,  or  labeled  as  such,  with  the  words  "soaked" 
or  •  •  bleached  goods  "  in  letters  not  less  than  two-line  pica  in  size,  showing  the  name 
of  the  article  and  the  name  and  address  of  the  packer  or  dealer  who  sells  same. 
*****  *  * 

„,     .      "       SEC.  23.  Whoever  shall  falsely  brand,  mark,  stencil,  or  label  any  article 
"    or  product  required  by  this  act  to  be  branded,  marked,  stenciled,  or 
labeled,  or  shall  remove,  alter,  deface,  mutilate,  obliterate,  imitate,  or  counterfeit 
any  brand,  mark,  stencil,  or  label  so  required,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  vipon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
„     ...     twenty-five  nor  more  than  two  hundred  dollars  and  costs  of  prosecution, 
a  }*    or  by  imprisonment  in  the  coiinty  jail  for  not  less  than  thirty  days  nor 
more  than  ninety  days,  or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court,  for  each  and  every  offense. 

SEC.  24.  The  taking  of  orders,  or  the  making  of  agree- 

Takin*  orders  deemed  a  sale.  ^^  Qr  contract  £  1)y  any  person  g^  or  corporation, 
or  Toy  any  agent  or  representative  thereof,  for  the  future  delivery  of  any  of  the 
articles,  products,  goods,  wares,  or  merchandise  embraced  within  the  provisions 
of  this  act.  shall  be  deemed  a  sale  within  the  meaning  of  this  act. 

SEC.  25.  Every  person  manufacturing,  offering,  or 
Sample  for  analyse  to  be  funmhed.     expoging  for  *£  Qr  deliverv.  tO  a  purchaser  any 

article  intended  for  food,  shall  furnish  to  any  person  or  analyst  or  other  officer 
or  agent  appointed  hereunder  who  shall  apply  to  him  for  the  purpose,  and  shall 
tender  him  the  value  of  the  same,  a  sample  sufficient  for  the  analysis  of  any  such 
article  which  is  in  his  possession.  Whoever  hinders,  obstructs,  or  in  any  way  inter- 
p  ,.  .  feres  with  any  inspector,  analyst  or  other  officer  appointed  hereunder  in 
)-  the  performance  of  his  duty,  and  whoever  wilfully  neglects  or  refuses  to 
do  any  of  the  acts  or  things  enjoined  by  this  act.  or  in  any  way  violates  any  of  the 
provisions  of  this  act.  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall, 
where  no  specific  penalty  is  prescribed  by  this  act.  be  punished  by  a  fine  not 
exceeding  two  hundred  nor  less  than  twenty-five  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  exceeding  ninety  days,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

B  SEC.  26.  All  acts  and  parts  of  acts  inconsistent  with  this  act.  and  section  6 ' 

'    of  an  act  entitled  "An  act  to  prevent  the  adulteration  of  butter  and  cheese, 

1  The  act  named  and  referred  to  above  has  but  two  sections. 


47 

or  the  sale  or  disposal  of  the  same,  or  the  manufacture  or  sale  of  any  article  as  a 
substitute  for  butter  or  cheese,  or  any  article  to  be  used  as  butter  and  cheese," 
approved  June  1,  1881,  be,  and  they  are  hereby,  repealed. 

SEC.  27.  For  the  purpose  of  enabling  dealers  in  products  affected 
'    by  this  act  to  dispose  of  same  without  loss,  it  is  hereby  expressly 
provided  that  the  penalties  of  this  act.  and  prosecution  under  same,  are  suspended 
until  the  first  day  of  July,  1900. 

INDIANA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  589,  for — 

Homer's  Revised  Statutes,  1897,  sections  2071  and  2071a. — Concerning  sale  of 
adulterated  and  impure  milk,  butter  and  cheese,  and  oleomargarine. 

Recently  enacted : 

ACTS  OF  1899.    Chapter  121. ' 

AN  ACT  forbidding  the  manufacture,  sale  or  offering  for  sale  of  any  adulterated  foods  or  drugs, 
defining  foods  and  drugs,  stating  wherein  adulteration  of  foods  and  drugs  consist  and  defining 
the  duties  of  the  State  Board  of  Health  in  relation  to  foods  and  drugs,  their  inspection,  purity, 
adulteration,  declaring  penalties  for  the  violation  of  the  laws,  rules,  and  ordinances  con- 
cerning foods  and  drugs,  also  liquors  used  or  intended  for  drink,  repealing  acts  in  conflict 
therewith.  (S.  54.  Approved  February  28, 1899.  In  force  April  28, 1899.) 

SECTION  1.  That  no  person  shall,  within  this  State,  rnanu- 

Adulterated  food  forbidden.       facime  for  sale>  offeFr  for  8ale>  or  gell  any  drug  Qr  arti(.le 

of  food  which  is  adulterated  within  the  meaning  of  this  act.    The  term  "drug"' 
as  used  in  this  act,  shall  include  all  medicines  for  internal  01  external  use,  anti- 
septics,  disinfectants,  and  cosmetics.     Tlie  term  "food''  as  used 
'    herein,  shall  include  confectionery,  condiments,  and  all  articles  used 
for  food  or  drink  by  man.     An  article  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  this  act:     (a)  In  case  of  drugs  ((>) 

In  the  case  of  food,  ( 1 )  if  any  substance  or  substances  have  been 
mixed  with  it,  so  as  to  reduce,  or  lower,  or  in iiiriously  affect  its  quality  or  strength; 
(2)  if  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it;  (3;  if  any  valuable  constituent  has  been  wholly  or  in  part 
abstracted  from  it;  (4)  if  it  is  an  imitation  of  or  sold  under  the  name  of  another  arti- 
cle; (5)  if  it  consists  wholly  or  in  part  or  a  dise  ised.  decomposed,  putrid,  or  rotten 
animal  or  vegetable  substance,  whether  manufactured  or  not.  or,  in  the  case  of 
milk,  if  it  is  the  product  of  a  diseased  animal;  (t>)  if  it  is  colored,  coated,  polished, 
or  powdered,  whereby  damage  is  concealed,  or  if  it  is  made  to  appear  better  or  of 
greater  value  than  it  really  is:  (7)  if  it  contains  any  added  poisonous  ingredient, 
or  any  ingredient  which  may  render  it  injurious  to  the  health  of  the  person  con- 
suming it.  The  provisions  of  this  act  slia  1  not  apply  to  mixtures  or  compounds 
..  recognized  as  ordinary  articles  of  food  or  drink:  Proi'iilc<l,  That  the 

same  are  not  injurious  to  health,  and  are  distinctly  labeled  as  mix- 
tures or  compounds;  and  no  prosecutions  shall  at  any  time  be  maintained  under 
said  act  concerning  any  drug,  the  standard  of  strength  of  purity  whereof  has  been 
raised  since  the  issue  of  the  last  edition  of  the  United  States  Pharmacopeia,  unless 
and  until  such  change  of  standard  has  been  published  throughout  the  State. 

SEC.  2.  It  shall  be  the  duty  of  the  State  Board  of 

Male  Hoard  of  Health  to  enforce.     Health  ^  enf ^  ^  1&wg  ^ ^  gt  ^  KOVerning  f  ood 

and  drug  adulteration:  and  the  State  Health  Officer  shall  be  the  State  inspector  of 
foods  and  drugs.    The  State  Board  of  Health  shall  take  cognizance 
'*   of  the  interests  of  the  public  health  relating  to  the  sale  of  drugs 
and  foods,  and  the  adulteration  of  the  same,  and  shall  make  all  necessary  investiga- 
tion and  inquiries  in  reference  thereto,  and  for  these  purposes  the  State,  county, 
city,  and  town  Health  Officers  shall  be  food  and  drug  inspectors,  subordinate  to 
the  State  Board  of  Health.     Within  ninety  days  after  the  passage  of  this  act.  the 

1  This  law  is  not  strictly  enforced  iKJcauso  nuressury  appropriation  for  enforcement  has  not 

been  n  id* 


48 

State  Board  of  Health  shall  adopt  such  measures  '  as  may  be  necessary  to  facilitate 

the  enforcement  hereof,  and  shall  prepare  rules  and 

Rules  concern,,,;:  adulteration.     ordinances  where  and  when  necessary  regulating  mini- 

mum standards  for  foods  and  drugs,  defining  specific  adulteration  and  declaring 

the  proper  methods  of  collecting  and  examining  drugs  and  articles  of  food.     Every 

person  offering  or  exposing  for  sale  or  delivering  to  a  purchaser  any  drug  or  arti- 

cle of  food  included  in  the  provisions  of  this  act,  shall  furnish  to  any  analyst  or 

other  officer  or  agent  appointed  hereunder,  who  shall  apply  to  him  for  the  purpose 

and  shall  tender  to  him  the  value  of  the  same,  a  sample  suffi- 

'•   cient  for  the  purpose  of  the  analysis  of  any  such  drug  or  article 

of  food  which  is  in  his  possession.     Whoever  hinders,  obstructs,  or  in  any  way 

interferes  with  any  inspector,  analyst  or  other  officer  appointed  hereunder  in  the 

performance  of  his  duty,  and  whoever  violates  any  of  the  provisions  of  this  act, 

shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding  $100.     Who- 

*    ever  fraudulently  adulterates,  for  the  purpose  of  sale,  bread  or  any 

other    substance  intended  for  food  with    any  substance  injurious  to  health, 

or  knowingly  Darters,  gives  away,  sells  or  has  in  his  possession  with  intent 

1  Ruh'.i  of  the  Indiana  State  board  of  health,  according  to  chapter  121,  acts  of  1890,  establishing 
minimum  standards  and  defining  specific  adulterations  of  foods  and  drugs.  (Passed  October  13, 
ISOO.) 

MILK. 

RULE  1.  Pure  cow's  milk  shall  have  the  following  minimum  composition:   Fat,  3  per  cent; 
solids,  not  fat,  9  per  cent. 


septc  watever  ae      or  any  purpose  wasoever  sa       e  an  aueraon. 

RULE  3.  Milk  sold  or  offered  for  human  consumption  that  is  taken  from  a  cow  that  has  calved 
within  four  (4)  days,  or  from  a  cow  that  will  come  in  or  calve  inside  of  twenty-one  (21)  days,  is 
polluted,  and  shall  be  considered  as  adulterated. 

RULE  4.  Milk  sold  or  offered  for  human  consumption  that  is  taken  from  a  cow  fed  with  dam- 
aged food,  or  any  food  which  will  impart  a  disagreeable  flavor,  is  impure,  and  shall  be  considered 
as  adulterated. 

Rl_"LE  5.  Milk  sold  or  offered  for  human  consumption  that  is  taken  from  any  sick  or  diseased 
cow,  or  any  cow  that  is  given  polluted  water  to  drink,  or  which  is  kept  under  conditions  con- 
trary to  the  rules  of  the  State  board  of  health  governing  dairies,  is  impure,  and  shall  be  consid- 
ered as  adulterated. 

BUTTER. 

RULE  6.  The  word  "butter''  shall  mean  the  substance  usually  known  as  butter,  made  exclu- 
sively from  milk  or  cream,  with  or  without  salt  or  coloring  matter,  and  shall  contain  not  less 
than'80  per  cent  of  pure  milk  fats. 

RULE  ?.  If  any  of  the  following-named  substances  are  found  in  butter,  they  shall  be  consid- 
ered adulterants:  Water  in  excess  of  15  per  cent;  salt  in  excess  of  6  per  cent;  salicylic  acid, 
borax,  boric  acid,  saltpeter,  formaldehyde,  glucose,  sodium  carbonate  or  bicarbonate,  or  any 
other  added  chemical,  or  any  other  fat  than  butter  fat,  any  other  coloring  matter  than  is  natu- 
ral to  butter,  except  annotto,  saffron,  safflower.  turmeric,  and  harmless  coal-tar  colors. 

MARGARINE. 

RULE  8.  The  word  "margarine  "  shall  mean  all  substances,  whether  compounds  or  otherwise, 
prepared  in  imitation  of  butter,  and  whether  mixed  with  butter  or  not. 

RULE  Jt.  If  any  of  the  following  named  substances  are  found  in  "margarine"  they  shall  be 
considered  adulterants:  Water  in  excess  of  15  per  cent;  salt  in  excess  of  t>  per  cent;  glucose, 
paraffin,  salicylic  acid,  borax,  boric  acid,  saltpeter,  formaldehyde,  sodium  carbonate  or  bicar- 
bonate, or  any  chemical  preservative.  Any  coloring  matter  or  mixture  of  coloring  matters 
other  than  annotto,  saffron,  safflower.  and  turmeric  and  other  harmless  vegetable  colors,  and  the 
harmless  coal-  tar  colors  shall  be  considered  adulterants. 

CHEESE. 

RULE  10.  Cheese  not  made  wholly  from  milk  or  cream,  salt,  and  harmless  coloring  matter 
shall  be  considered  adulterated. 

RULE  11.  Cheese  containing  less  than  10  per  cent  of  milk  fats  shall  be  considered  adulterated 
unless  plainly  labeled  "Skim-milk  cheese''  in  letters  not  less  than  1  inch  long,  the  label  to  be 
plainly  exposed. 

RULE  12"  Cheese  containing  any  other  fats  than  milk  fats  shall  be  considered  adulterated 
unless  plainly  labeled  ''  Filled  cheese." 

RULE  13.  Cheese  containing  any  coloring  matter  other  than  annotto,  safflower,  saffron,  tur- 
meric. or  harmless  coal-tar  colors  shall  be  considered  as  adulterated. 

RULE  14.  Cheese  containing  any  chemical  antiseptic  other  than  common  salt  shall  be  consid- 
ered as  adulterated,  unless  plainly  labeled  with  the  name  of  the  antiseptic  it  contains. 

******* 

RULE  31.  Food  inspectors,  when  securing  samples  of  food  or  drugs  for  analysis,  shall,  if  the 
quantity  procured  be  sufficient  in  amount,  divide  said  sample  into  three  equal  parts,  marking 
each  one  with  date  of  collection,  name  and  residence  of  vender,  name  and  residence  of  inspector, 
and  shall  number  the  several  portions  1,  2.  3.  No.  1  shall  Ije  left  with  the  vender,  No.  2  retained 
by  the  inspector,  and  No.  3  reserved  for  or  sent  to  the  chemist  selected  to  make  the  analysis. 
All  these  samples  or  portions  shall  be  so  sealed  as  to  show  upon  sight  any  breaking  of  said  seal. 

RULE  32.  Whoever  violates  any  of  the  provisions  of  these  rules  shall,  upon  conviction,  be  tined 
in  any  sum  not  exceeding  $100,  as  is  provided  in  section  2,  Chapter  CXX1,  of  an  act  approved 
February  28,  1899. 


49 

to  sell  any  substance  injurious  to  health,  shall  be  fined  in  any  sum  not  exceed- 
ing $100,  and  the  article  so  adulterated  shall  be  forfeited  and  destroyed  under 
the  direction  of  the  court.  Whoever  adulterates,  for  the  purpose  of  sale, 
liquor  used  or  intended  for  drink,  and  whoever  knowingly  sells  any  such  liquor 
so  adulterated,  shall  be  punished  by  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  and  the  article  so  adulterated  shall  be  forfeited,  and 
destroyed  according  to  the  order  of  the  court. 

SEC.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
"    statute  are  hereby  repealed. 

IOWA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  589-592,  for — 

Code  of  1897,  title  12,  chapter  13,  sections  2515-2528. ' — Concerning  dairy  com- 
missioner, testing  apparatus,  imitation  butter  and  cheese,  dairy  premises,  milk 
tests,  permits  to  sell  milk,  appropriation,  etc. 

Code  of  1897,  title  24,  chapter  10,  sections  4989-4991. — Concerning  milk  standard, 
care  of  cows,  skimmed-milk  cheese,  adulteration,  etc. 

KANSAS. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  593-594,  for — 

General  statutes,  1897,  volume  2,  sections  322-325,  327-331. — Concerning  impure 
milk  and  adulteration  of  food. 

KENTUCKY. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  594  and  595,  for — 

Acts  of  1891,  1892,  and  1893,  chapter  182,  sections  144  and  151.— Concerning 
adulterated  milk  and  false  brands.  (Approved  April  10,  1893.) 

Acts  of  1898,  chapter  52  (sections  1-11). — An  act  regulating  the  manufacture  and 
sale  of  food. 

LOUISIANA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  596,  for — 

Acts  of  1880.  No.  81  (sections  1-3). — An  act  to  prohibit  the  sale  in  this  State  of 
oleomargarine,  butterine.  or  other  substances  as  butter,  and  to  provide  a  penalty 
for  the  violation  of  the  same.  (Approved  July  8,  1886.) 

The  following  also  refers  to  dairy  products: 

ACTS  OK  I8S2,  No.  82. 

AX  ACT  to  define  and  punish  adulteration  of  drugs,  food  and  drink,  providing  for  stamping 
articles  manufactured,  sold  or  offered  for  sale  within  this  State,  and  prescribing  prnishment 
for  its  violation,  and  prescribing  certain  duties  of  the  Board  of  Health  relative  to  samples, 
and  their  analysis  and  fees  therefor.  (Approved  .Inly  5.  1SS».  i 

SECTION  1.  No  person  shall,  within  this  State,  manufac- 

,,rohiMt':i!  ^"itjf."11"    ture<  have-  °ffer  for  *«le.  OT  8el1  any  article  of  food  or 
drugs  which  is  adulterated,  and  any  person  violating  this 

provision  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  bo 
punished  by  a  fine  not  exceeding  fifty  dollars  for  the  first  offense,  and  not  exceed- 
ing one  hundred  dollars  for  each  subsequent  offense. 

SEC.  2.  An  article   shall   be  deemed   adulterated    within    the 

Adulteration  ilrllneu.  .  ,  ..   .  .     .       .,  _    ,  ,    .       ., 

meaning  of  tins  act,  in  the  case  ot  drugs  and  in  the 

1  The  appropriation  named  in  anrtion  irC*  is  now  $1.(M^),  in  addition  to  the  salary  of  the 
com  uiissioner . 

10034— No.  l!i;— 00 1 


50 

case  of  food  or  drink,  if  any  substance  has  been  mixed  with  it.  so  as  to  lower  or 
injuriously  affect  its  quality  or  strength,  or  if  any  inferior  or  cheaper  substance 
or  substances  have  been  substituted  wholly  or  in  part  for  the  pure  article,  or  to 
mix  any  substance  in  food  or  drink  so  sold,  or  to  sell  the  same  so  mixed,  which  by 
its  use  will  affect  in  any  extent  the  public  health  or  injure  the  health  of  the  con- 
sumer of  said  food  or  drink. 

SEC.  3.  No  person  shall  manufacture,  sell,  or  offer 
Wholesale  packa^of  groceries,  etc.,    for  sa}&  within  this  state  any  drugs,  groceries, 

such  as  sugar,  coffee,  tea,  butter,  cheese,  or  any 

other  article  to  be  consumed  as  food  or  drink,  unless  the  package  when  sold  at 

wholesale  or  the  package  from  which  it  is  taken,  when  sold  at  retail  be  stamped 

in  plain  large  letters,  showing  the  true  quality  and  kind  of  the  articles  sold  within 

the  meaning  of  this  act.  and  every  person  violating  the  provisions  of  this  section 

shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction  pay 

8   J'     a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than  fifty  dollars,  or 

be  sentenced  to  imprisonment  for  not  more  than  ten  days  or  both  at  the  discretion 

of  the  court. 

SEC.  4.  That  any  person  who  knowingly  sells  any  article  of 
food  or  drink  with  a  stamp  as  provided  aforesaid,  and  the 
article  so  sold  is  not  the  article  it  purports  to  be,  or  inferior  quality,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  pay  a  tine  not  exceed- 
ing one  hundred  dollars. 

SEC.  5.  The  State  Board  of  Health  shall  take 

Stalo  Board  of  Health^  to^xamine  foods  and    cognizance   of    the    interests    of    the    public 

health  as  it  relates  to  the  sale  of  food  and 

drugs,  and  the  adulteration  of  the  same,  and  make  all  necessary  investigations 
and  inquiries  relative  thereto:  and  at  any  time,  when  in  their  judgment  neces- 
sary, they  shall  chemically  analyze  any  drug  or  drugs,  articles  of  food  and  drink, 
and  shall  publish  the  results  of  their  analysis  together  with  the  name  of  the 
article  or  articles  analyzed,  in  case  the  same  be  deleterious  to  the  public  health, 
and  to  warn  the  public  against  its  consumption.  On  application  of  any  citizen, 
they  shall  also  analyze  the  article  or  articles  presented  for  analysis  by  him:  bat 
in  this  case  he  shall  pay  such  fees,  for  said  analysis,  as  the  Board  of  Health  may  fix. 

SEC.  6.  On  application  of   the    Board  of  Health 
samples  for  anal,  s,s  to  be  furm.si.ed.    through  the  officer  to  be  selected  by  them,  every 

person  manufacturing  or  selling  any  article  of  food  or  drugs,  shall  be  bound  to 
lurnish  a  sample  of  the  said  articles  so  manufactured,  or  sold  to  the  said  Board, 
sufficient  in  quantity  to  serve  the  purpose  of  analysis,  under  a  penalty  of  not  more 
than  twenty  dollars,  to  be  recovered  before  any  court  of  competent  jurisdiction. 

SEC.  7.  That  this  act  shall  take  effect  sixty  days  after  the  promulgation 


In  effect. 


thereof. 

MAINE. 


See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
paires  596-508,  for — 

Revised  Statutes  of  1883.  chapter  38,  sections  44-47. — Concerning  milk  inspectors; 
adulterated  milk,  and  milk  measures. 

Public  Laws  of  181)."),  chapter  144  (one  section).— An  act  xelating  to  health  and 
boards  of  health.  (Approved  March  26,  1895.) 

Public  Laws  of  189.1,  chapter  169  (sections  1-5). — An  act  for  the  protection  of 
dairymen.  (Approved  March  27,  1895.) 

Revised  Statutes  of  1883,  chapter  128,  sections  3-6. — Concerning  sale  of  imitations 
of  butter  and  cheese. 

MARYLAND. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  958-601  for— 

Laws  of  1890,  chapter  604  (==  sections  48,  49,  51-57  of  article  43  of  Code  of  Pub- 
lic General  Laws). — An  act  to  add  additional  sections  to  article  forty- three  of 
the  Code  of  Public  General  Laws,  title  "Health.'  to  be  numbered  "sections 
forty-eight,  forty-nine,  fifty,  fifty-one,  fifty  two.  fifty-three,  fitty-four,  fifty-five, 
fifty  six,  and  fifty-seven,''  so  as  to  provide  for  the  prevention  of  the  adulteration 


51 

of  articles  of  food  and  drink  and  the  sale  thereof  when  adulterated  or  unwhole- 
some. (Approved  April  8,  1890.) 

Laws  of  1894,  chapter  53  (sections  1  and  2). — An  act  to  authorize  the  mayor  and 
city  council  of  Baltimore  to  provide  for  the  inspection  and  regulation  of  the  sale 
of  milk  or  any  or  all  other  food  products  offered  tor  sale  in  the  city  of  Baltimore, 
or  intended  for  consumption  therein.  (Approved  March  7,  1894.) 

[Public  General  Laws,  1888,  article  27,  sections  88-91,  were  repealed  and  reen- 
acted.  amended,  as  below.] 

Recently  enacted : 

LAWS  OF  1898,  Chapter  306,  p.  871. 

AN  ACT  to  add  certain  new  sections  to  Article  58  of  the  Code  of  Public  General  Laws,  title 
"Live  Stock,"  under  the  new  sub-title  Dairies,"  to  follow  Section  is  in  proper  numerical 
order.  (. Approved  April  9, 1898. ) 

SECTION  1.  That  certain  new  sections  be  and  the 
He*  sections  added  to  ArticleH08  of  Code     game  are  hereby  added  to  Article  58  of  the  Code 

OI    I    UIHU      III    ilt'iitl    Ij*l»l  ?»•  „       T~h       ii-  j^t  IT  ,*  ,-\  T    •  14* 

of  Public  General  Laws,  title  "Live  Stock,' 

under  the  new  sub-title  "Dairies,"  to  follow  section  18  of  said  Article  in  proper 
numerical  order,  and  to  read  as  follows: 

19.  It  shall  be  the  duty  of  all  dairymen  or  herdsmen  or  private 
'    individuals  supplying  milk  to  cities,  towns  and  villages  to 
register  their  herds  or  cattle  with  the  Live  St:  ck  Sanitary  Board,  in  vio- 
lation of  which  the  parties  offending  shall  be  fined  not  less  than  $1  nor 
more  than  $20  for  each  offence. 

20.  It  shall  be  the  duty  of  the  Live  Stock  Sanitary 
D»m premiss  to  be  inspected.     ^^  to  haye  inspe|3ted  at  leagt   annually,  without 

notice  to  the  owner  or  those  in  charge  of  any  dairy  or  parties  supplying  milk,  as 
named  in  section  19  of  this  article,  the  premises  wherein  cows  are  kept,  and  if  such 
premises  are  found  in  any  unsanitaiy  condition,  the  said  board  may  prohibit  the 
sale  and  shipment  of  milk  from  such  premises  until  such  time  as  the  premises  shall 
conform  to  the  following  sanitary  rules: 

RULE  1.  No  building  or  shed  shall  be  used  for  stabling  cows 
for  dairy  purposes,  which  is  not  well  lighted  and  well  ven- 
tilated, and  which  is  not  provided  with  sufficient  feed  trough  or  box,  and  suitable 
floor,  laid  with  proper  grades  and  channels  to  immediately  carry  off  all  drainage; 
and  if  a  public  sewer  abuts  the  premises  upon  which  such  building  is  sitiiated, 
they  shall  be  connected  therewith  whene\  er  the  inspector  considers  such  sewer 
connection  neces-sary. 

RULE  2.  No  water-closet,  privv,  cesspool,  urinal, 

L'ns.n,Ury  conditions  not  permitted.  inha})ite(1  r((Om  ()r  work.ihop  ghalfbe  located 
within  any  building  or  shed  used  tor  stabling  cows  for  dairy  purposes  or  for  the 
storage  of  milk  or  cream;  imr  shall  any  fowl,  hog,  sheep,  or  goat  be  kept  in  any 
ro  >rn  used  for  such  purposes. 

h     RULE  3.  It  shall  be  the  duty  of  each  person  using  any  prem- 
ises for  keeping  cows  tor  dairy  pur [  oses.  to  keep  such  prem- 
ises thoroughly  clean  and  in  good  repair  and  well  painted  or  whitewashed  at  all 
times. 

RULE  4.  It  shall  be  the  duty  of  each  person  using  any 
premises  for  keeping  r-.ws  for  dairy  purposes,  to  cause  the 

building  in  which  the  cows  are  kept  to  be  thoroughly  cleaned,  and  remove  all  dung 
from  the  premises  so  as  to  prevent  its  accumulation  in  great  quantities. 

„...          .  RULE  5.  Any  person  using  any  premises  for  keeping  cows  for 

'  dairy  purposes,  shall  provide  and  use  a  sufficient  number  of  recep- 
tacles, made  of  nonabsorbent  materials  for  the  reception,  storage  and  delivery  of 
milk,  and  shall  cause  them  at  all  times  to  l>e  cleaned  and  purified,  and  shall  <  anse 
all  milk  to  be  removed  without  delay  from  the  rooms  in  which  cows  are  kept. 

wN     RULE  0.  Every  person  keeping  cows  for  the  production  of  milk  for 
'    sale  shall  cause  every  such  cow  to  lie  cleaned  every  day,  and  to  be 
properly  fed  and  watered  with  abundance  of  pure,  clean  water. 

l.rlo..re.tobedr.lned.     *"?  ?-  Any  inclosure  in  which  cows  are  kept  shall  be 
graded  and  drained,  so  as  to  ::eep  the  surface  reasonably 


52 

dry;  no  garbage,  fecal  matter,  or  similar  matter  shall  be  placed  or  allowed  to 
remain  in  such  inclosure  unless  sufficient  straw  or  similar  good  absorbent  mate- 
rials be  used  to  keep  the  inclosure  clean  at  all  times,  and  no  open  drains  shall  be 
allowed  to  run  through  it. 

And  any  person  who  shall  ship  or  sell  milk  contrary  to  the  aforesaid 
a  }"     order  of  said  board  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  one  dollar  nor  more  than  twenty  dollars  for 
each  day  during  which  shipments  shall  be  made  after  notice  of  such  order. 

21.  The  Live  Stock  Sanitary  Board  shall,  at  the  request 
Certificates  of  health.or  cattle.     Q{  the  Qwner  ^  Qwnera  o/dairy  herds,  furnish  them 

with  a  certificate  of  health  whenever  the  provisions  of  this  article  are  complied 
with,  and  there  is  no  visible  sign  of  disease  amongst  such  herd,  such  certificates 
shall  be  revocable  in  the  discretion  of  the  Board. 

riati  n  ^~f  ^or  ^ne  PurP°se  °f  Paying  the  expenses  required  in  carrying 
out  the  provisions  of  this  sub-title,  the  sum  of  three  thousand  dol- 
lars is  here  appropriated  annually,  or  so  much  thereof  as  is  necessary  out  of  the 
moneys  in  the  treasury  not  otherwise  appropriated,  and  the  Comptroller  is  author- 
ized and  directed  to  draw  his  warrant  on  the  treasury  for  such  sum  as  the  said 
board  shall  produce  vouchers  for.  not  exceeding  the  amount  appropriated,  pay- 
able monthly. 

In  effect.    SEC.  2.  That  this  Act  shall  take  effect  from  the  date  of  its  passage. 

LAWS  OF  1900,  Chapter  496. 

AX  ACT  to  repeal  sections  88,  89,  90  and  91  of  article  r?7  Code  of  Public  General  Laws— title, 
•'Crimes  and  Punishments;"  subtitle,  "Frauds— Butter— Oleomargarine" — and  to  reenact  the 
same  with  amendments,  so  as  to  read  as  follows:  (Approved  April  7, 1900.) 

Re  eal      SECTION  1.  That  Sections  88,  89,  90  and  91  of  Article  27  Code  of  Public 
General  Laws,  title. — "Crimes  and  Punishments",  sub-title,  "Frauds — 
Butter — Oleomargarine "  be  and  the  same  are  hereby  repealed  and  reenacted,  so 
as  to  read  as  follows: 

Imitations  of  butter  prohibited.     SE?"  88'  Th?t  ™  P^son  by  himself,  his  agents  or  serv- 

ants,  or  as  the  agent  or  servant  ot  any  other  person, 

shall  render  or  manufacture,  sell  or  exchange,  offer  for  sale  or  exchange,  expose 
for  sale  or  exchange,  take  orders  for  the  future  delivery  of,  have  in  his  possession, 
keep  in  storage,  distribute,  deliver,  transfer,  or  convey  with  intent  to  sell  within 
this  State,  any  article,  product,  or  compound  made  wholly  or  partly  out  of  any  fat, 
oil.  or  oleaginous  substance  or  compound  thereof  not  produced  directly  and  wholly 
from  unadulterated  milk  or  cream  from  the  same,  which  shall  be  in  imitation  or 
semblance  of  yellow  butter  produced  from  pure  unadulterated  milk  or  cream  from 
the  same;  provided,  that  nothing  in  this  act  shall  be  construed  to  prohibit  the 
manufacture  or  sale  of  oleomargarine  in  a  separate  form, 

Oleomargarine  permitted.  n  •  -n       j    •        J.T  j 

and  in  such  manner  as  will  advise  the  purchaser  and.  con- 
sumer of  its  real  character  free  from  coloration  or  ingredient  which  causes  it  to 
look  like  yellow  butter.  Whoever  violates  any  of  the  provisions  of  this  section, 
Penalt  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
} '  less  than  one  hundred  dollars  nor  more  than  three  hundred  dollars  for  the 
first  offense,  and  by  a,  fine  of  not  less  than  two  hundred  nor  more  than  five  hundred 
dollars  or  by  such  fine  and  three  months  imprisonment  for  each  subsequent  offense. 

SEC.  89.  That  whoever  sells  oleomargarine  free 
Placards  where  oieom.rg.rme  ,s  gold.     from  Coloration  or  any  ingredient  that  causes  it 

to  look  like  yellow  butter,  as  provided  in  the  previous  section  from  any  dwelling, 
store,  office,  or  public  market  shall  have  conspicuously  posted  therein  a  placard  or 
sign  in  plain  Roman  letters  not  less  than  four  inches  in  length  "Oleomargarine 
Sold  Here.''  Any  person  neglecting  or  failing  to  post  the  placard  herein  provided 
Penalt  -  ^or'  sna^  ^e  Suilty  of  a  misdemeanor  and  shall  be  punished  by  fine  of  not 
J'  less  than  one  hundred  dollars,  nor  more  than  three  hundred  dollars  for 
the  first  offense,  and  one  hundred  dollars  for  each  days  neglect  so  to  post  or  placard 
thereafter,  and  by  a  fine  of  not  less  than  two  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  such  fine  and  three  months  imprisonment  for  each  subse- 
quent offense. 

SEC.  90.  That  whoever  by  himself,  or  his  servants 

Sale  of  ,m,tat,on  as  butter;  penalty.      of  agents    Qr  ^  ^  ^^  Qr  agent  of  any  otner 

person,  sells  or  offers  for  sale  to  any  person  who  asks,  sends,  or  inquires  for  butter, 
any  oleomargarine,  butterine,  or  any  substance  made  in  imitation  or  semblance 
of  butter,  not  made  entirely  of  milk-,  or  cream  from  the  milk,  of  cows,  with  or 


53 

without  coloring  matter,  shall  be  guilty  of  fraud  and  shall  be  punished  by  fine 
of  one  hundred  dollars  for  the  first  offense,  and  by  imprisonment  of  three  months 
for  each  subsequent  offense. 

SEC.  91.  That  no  person  by  himself,  his  servants  or 

Use  of  ""tation,  m  eating  places,     agentg    Qr  M  the  gervant  or  agent  of  ftny  other  pef. 

son,  shall  serve  to  patrons,  guests,  boarders,  or 

inmates  of  any  hotel,  eating  house,  restaurant,  cafe,  or  any  place  of  public  enter- 
ta.nment  or  boarding  house  or  public  or  private  hospital,  asylum,  school,  or  penal 
institution,  or  help  employed  therein,  any  article  or  substance  made  in  violation 
of  the  provisions  of  section  88  of  this  act,  or  any  food  made  of  the  same  or  cooked 
in  the  same.  Whoever  by  himself,  his  servants  or  agents,  serves  to  any  patron  or 

guest  or  boarder,  or  inmate  of  any  hotel,  eating  house, 
eSnHeCof  o'leomarSrinT'1  restaurant,  cafe,  or  any  place  of  public  entertainment, 

or  boarding  house,  or  public  or  private  hospital,  asy- 
lum, school,  or  penal  institution  or  help  employed  therein,  oleomargarine  free 
from  coloration  or  any  ingredient  to  make  it  look  like  yellow  butter  as  provided 
in  section  88  of  this  act,  in  the  place  or  stead  of  butter,  shall  orally  notify  said 
guests,  patrons,  inmate,  or  help  that  the  substance  so  furnished  is  not  butter,  and 
shall  in  addition  conspicuously  display  at  all  times  on  each  and  every  side  of  the 
room  where  the  same  is  served  a  sign  in  plain  Roman  letters  not  less  than  four 
inches  in  length  "  Oleomargarine  Used  and  Served  Here."  Any  person  violating 
the  provisions  of  this  section  by  neglecting  or  failing  to  give  the  oral  notice  and 
keeping  the  signs  conspicuously  posted  on  the  walls  of  the  room  where 
}'  the  meals  are  served  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  fifty  dollars  for  the  first  offense,  and  by  a  fine  of  one  hun- 
dred dollars,  and  imprisonment  of  one  month  for  each  subsequent  offense. 

SEC.  2.  That  all  laws  or  parts  of  laws  inconsistent  with  this  act  shall  be, 
'    and  the  same  are  hereby,  repealed. 

.  .     SEC.  3.  That  all  indictments  under  the  act  of  1888,  chap. 
ted'    312,  codified  as  sec.  88,  89,  90,  and  91  of  Article  XXVII, 
shall  T>e  prosecuted  as  though  the  same  were  not  repealed. 

in  effect.    SEC.  4.  That  this  law  shall  take  effect  from  the  date  of  its  passage. 

MASSACHUSETTS. 

See  Fourteenth  Annual  Report  of  Bureau  of  Animal  Industry,  pp. 
601-608,  for— 

Acts  of  1891,  chapter  412,  sections  (Ml.1— Concerning  Dairy  Bureau.     (June  11, 
1891.) 

Public  Statutes,  chapter  57  *  (sections  1-11).— Concerning  milk,  licenses,  and 
inspectors.     [Section  9  of  this  act  has  been  amended  as  below.] 

Acts  of  1885,  chapter  352,  section  8. — Concerning  skimmed  milk.     (June  18, 

1885. ) 

Acts  of  1886,  chapter  318,  sections  3  and  4. — Concerning  sealed  samples.     (In 
effect  June  23,  1886.) 

Acts  of  1894,  chapter  425  (one  section). — Concerning  samples.     (May  22,  1894.) 
Acte  of  18%,  chapter  264  (sections  1-3). — Concerning  canned  milk. 

Public  statutes,  chapter  56,  sections  17-21. — Concerning  imitation  butter  and 
cheese  and  inspections. 

Acts  of  1886,  chapter  317,  sections  3-5. — Concerning  dairy  nomenclature  and 
licenses  for  selling  imitation  butter,  etc. 

Acts  of  1891 ,  chapter  58 :i  (sees.  1-3).— Concerning  oleomargarine  and  inspections. 

Acts  of  1891,  chapter  412  (sees.  1-5).— Concerning  oleomargarine.     (June  11, 
1891.) 


1  Section  0  is  repealed  by  chapter  :hw,  acts  of  IHrt).  and  a  now  section,  which  was  not  received 
in  time  tor  publication  in  this  bulletin,  provides  for  a  general  agent  of  the  dairy  bureau. 

3  By  chapter  'Mtt,  section  '&.  acts  of  lNM!i.  the  city  board  of  health  of  Somurville  is  authorized  to 
appoint  its  own  milk  inspectors.  Sections  ">  and  t>.  as  amended  by  sections  1  and  »  of  chapter  :*»), 
acts  of  inon,  were  not  received  in  time  for  publication  in  this  bulletin— their  wording  and  penal- 
tics  have  been  slightly  changed. 

3  Most  of  the  prosecutions  for  selling  oleomargarine  illegally  aru  under  this  act. 


54 

Acts  of  1889,  chapter  326  (one  section).—  Concerning  feeding  garbage  to  cows. 
(Approved  May  U,  1889.) 

Acts  of  1882,  chapter  203,  section  6.  —  Concerning  samples.     (In  effect  May  26, 

1882.) 

Recent  amendment  and  enactments: 

PUBLIC  STATUTES,  chapter  57. 

SEC.  9  (as  amended  by  section  6  of  chapter  352  of  the  acts  of  the  year 
188.1,  and  by  section  2  of  chapter  318  of  the  acts  of  the  year  188(5.  and 
by  section  2,  chapter  398,  acts  of  1896  and  by  section  1,  chapter  223,  acts  of  189.)). 
In  all  prosecutions  under  this  chapter,  if  the  milk  is  shown  upon  analysis  to  con- 
tain less  than  thirteen  per  cent  of  milk  solids,  or  to  contain  less  than  nine  and 
three-tenths  per  cent  of  milk  solids  exclusive  of  fat,  or  to  contain  less  than  three 
and  seven-tenths  per  cent  of  fat,  it  shall  be  deemed  for  the  purposes  of  this  act  to 
be  not  of  good  standard  quality,  except  during  the  months  of  April.  May,  June, 
July,  August  and  September,  when  milk  containing  less  than  twelve  per  cent  of 
milk  solids,  or  less  than  nine  per  cent  of  milk  solids  exclusive  of  fat.  or  less  than 
three  per  cent  of  fat,  shall  be  deemed  to  be  not  of  good  standard  quality. 

ACTS  OF  1899,  chapter  169  (sections  1  and  2). 
AN  ACT  relative  to  the  inspection  of  milk.     (Approved  March  18,  1899.  ) 

SECTION  1.  Whenever  the  State  board  of  health,  dairy  bureau,  or 
other  State  or  city  authority,  obtains  a  sample  of  milk  for  in- 
spection, by  taking,  purchase,  or  otherwise,  the  analysis  of  said  sample  shall  within 
ten  days  of  the  procurement  thereof,  be  sent  to  the  person  from  whom  the  sample 
was  obtained. 
SEC.  2.  This  act  shall  take  effect  upon  its  passage. 

ACTS  OP  1899,  chapter  340. 

.    SECTION  1.  Whoever,  by  himself  or  his  agents,  or  as 

Renovated  butter  to  be  labelled.  Qf   'Qy 


for  sale,  or  has  in  his  custody  or  possession  with  intent  to  sell,  any  article  or  com- 
pound which  is  produced  by  taking  original  packing  stock  or  other  butter,  or  both, 
and  melting  the  same,  so  that  the  butter  fat  can  be  drawn  off,  then  mixing  the 
said  butter  fat  with  skimmed  milk,  ,or  milk,  or  cream,  or  other  milk  product,  and 
rechurning  the  said  mixture;  or  which  is  produced  by  any  similar  process  and  is 
commonly  known  as  process  butter,  shall  have  the  words  "  Renovated  Butter" 
conspicuously  stamped,  labe.led,  or  marked  in  a  straight  line  in  printed  letters  of 
plain,  uncondensed  Gothic  type,  not  less  than  half  an  inch  in  length,  so  that  said 
words  can  not  easily  be  defaced,  upon  the  top,  side  and  bottom  of  every  tub,  firkin, 
box,  or  package  containing  said  article  or  compound. 

„.  ..  SEC.  2.  In  case  of  the  retail  sa7e  of  said  article  or  compound  not  in  the 

'  original  package,  the  seller  shall,  by  himself  or  his  agents,  attach  to 
each  package  so  sold,  and  shall  deliver  therewith  to  the  purchaser,  a  label  or 
wrapper  bearing  in  a  conspicuous  place  upon  the  outside  of  the  package  the  words 
"Renovated  Butter,"  in  printed  letters  in  a  straight  line  of  plain,  uncondensed 
Gothic  type,  not  less  than  half  an  inch  in  length. 

p      „  .     SEC.  3.  Whoever  violates  any  of  the  provisions  of  this  act  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  house  of  correction  for  a  term  not 
exceeding  one  year. 

MICHIGAN. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  608-617,  for— 

Public  Acts,  1893,  No.  211  (sections  1-12).  —  An  act  to  provide  for  the  appoint 
ment  of  a  dairy  and  food  commissioner,  and  to  define  his  powers  and  duties  and 
fix  his  compensation.  (Approved  June  2,  1893.)  [Sections  6,  7,  9,  11,  and  12  of 
this  act  have  been  amended  as  below.] 

Public  acts,  1895,  No.  193,  sections  1-8  and  17-21.—  An  act  to  prohibit  and  pre- 
vent adulteration,  fraud,  and  deception  in  the  manufacture  and  sale  of  articles 
of  food  and  drink.  (Approved  May  22,  1895.) 


55 

Public  acts  of  1873,  No.  26  (one  section)  (^Howell's  Annotated  Statutes,  2244) 
(  =  Compiled  Laws,  vol.  3,  page  3405).— An  act  to  prevent  and  punish  offenders  for 
the  adulteration  of  milk,  and  the  products  made  therefrom,  and  to  repeal  an  act 
entitled  -'An  act  to  prevent  the  adulteration  of  milk,  and  to  prevent  the  traffic  in 
impure  and  unwholsoiuemilk."  approved  March  thirty-first,  eighteen  hundred  and 
seventy-one.  (Approved  March  12,  1875.) 

Public  acts,  1887,  No.  246  (sections  1-14)  ( =  Howell's  Annotated  Statutes,  1690m- 
1 690z )  ( =  Compiled  Laws.  vol.  3,  page  3406 ) . — An  act  to  prevent  the  sale  of  impure, 
unwholesome,  adulterated,  or  swill  milk  in  the  State  of  Michigan,  and  to  provide 
for  inspectors.  (Approved  June  25,  1887.) 

Public  acts  of  1891,  No.  45  (sections  1  and  2). — An  act  to  prohibit  the  use  of 
oleomargarine,  butterine,  or  any  other  substitute  for  butter  in  any  of  the  public 
institutions  of  this  State,  and  to  provide  the  punishment  therefor.  (Approved 
April  29,  1891.) 

fit  is  reported  that  the  oleomargarine  law  printed  below  repeals  the  three  fol- 
lowing acts:  Public  acts  of  1897.  No.  76:  public  acts  of  1887,  No.  16i>  < [  —  Howell's 
Annotated  Statutes,  1690J) ;  and  public  acts  of  1881,  No.  34  (  =  Howell's  Annotated 
Statutes,  2245)]. 

Recent  amendments  and  enactments: 

PUBLIC  ACTS  OF  1893,  No.  211. 

SEC.  6.   (As  amended  by  Act  No.  245,  Public  Acts.  1895:  and 
Duties  of  commissioner.     by  Acfc  NQ    ,-  ^    public/Actej  189T;  and  by  Aet  No.  o68>  Pub_ 

lie  Acts,  1899.)  It  shall  be  the  duty  of  the  Dairy  and  Food  Commissioner  to  care- 
fully inquire  into  the  quality  of  the  dairy  and  food  and  drink  products,  and  the 
several  articles  which  are  foods  or  the  necessary  constituents  of  foods,  which  are 
manufactured  or  sold  or  exposed  or  offered  for  sale  in  this  State,  and  he  may  in  a 
lawful  manner  procure  samples  of  the  same  and  direct  the  State  analyst  to  make 
due  and  careful  examination  of  the  same,  and  report  to  the  commissioner  the 
rt  suit  of  the  analysis  of  all  or  any  of  such  food  and  drink  products  or  dairy  prod- 
ucts, as  is  adulterated,  impure  or  unwholesome,  in  contravention  of  the  laws  of 
this  State,  and  it  shall  be  the  duty  of  the  commissioner  to  make  complaint  against 
the  manufacturer  or  vender  thereof,  in  the  proper  county,  and  f  urnish  the  evidence 
thereon  and  thereof  to  obtain  a  conviction  of  the  offense  charged.  The  Dairy  and 
Food  Commissioner,  or  his  deputy,  or  any  person  by  him  duly  appointed  for  that 
purpose,  may  make  complaint  and  cause  proceedings  to  be  commenced  against 
any  person  for  the  violation  of  any  of  the  laws  relative  to  adulterated,  impure,  or 
unwholesome  food,  and  in  such  case  he  shall  not  be  obliged  to  furnish  security  for 
Powers  of  onicers  costs;  and  shall  have  power  in  the  performance  of  their  duties  to 
enter  into  any  creamery,  factory,  store,  salesroom,  drug  store,  or 
laboratory,  or  place  where  they  have  reason  to  believe  food  or  drink  are  [is]  made, 
prepared,  sold  or  offered  for  sale,  and  to  open  any  cask,  tub,  jar.  bottle,  or  pack- 
age containing  or  supposed  to  contain  any  article  of  food  or  drink  and  examine  or 
cause  to  be  examined  the  contents  thereof,  and  take  therefrom  samples  for  analy- 
Samnies  to  be  taken  s's<  ^ne  P?rson  making  such  inspection  shall  take  such  sample 
of  such  article  or  product,  in  the  presence  of  at  least  one  wit- 
ness, and  he  shall  in  the  presence  of  such  witness  mark  or  seal  such  sample  and 
shall  tender  at  the  time  of  taking  to  the  manufacturer  or  vender  of  such  product, 
or  to  the  person  having  the  custody  of  the  same,  the  value  thereof,  and  a  state- 
ment in  writing  of  the  reason  for  taking  such  sample. 

I'roaemtl,,*  attorneys  to  assist.         ?EC.  7.    (As  amended  by  Act  No,  245.  Public  Acts 

189;>;  and  by  Act  No.  268,  Public  Acts,   1899.)     It 

shall  l>e  the  duty  of  each  prosecuting  attorney  when  called  upon,  to  render  any 
legal  assistance  in  his  power,  under  the  provisions  of  this  act.  or  any  subsequent 
act  relative  to  the  adulteration  of  food  lor  the  sale  of  impure  or  unwholesome  food 
or  food  products. 

.    SEC.  9.  (As  amended  by  Act  No.  245,  Public  Acts,  1895:  and 
Annual  repor  «  of.    by  Act  NQ    ^  p^^^  1S07;  aml  by  ActNo.  o,;,s.  Pllb. 

lie  Acts.  IsOO, )  The  commissioner  shall  make  an  annual  report  to  the  Governor  on 
or  befor--  the  first,  day  of  July  in  each  year,  and  which  shall  bo  printed  and  pub- 
lished on  or  l>efore  the  first  day  of  September  next  thereafter,  which  report  shall 
cover  the  doings  of  his  office  for  the  preceding  fiscal  year  which  shall  show,  among 
other  things,  the  number  of  manufactories  and  other  places  inspected  and  by 
whom,  the  number  of  specimens  of  food  articles  analyzed,  and  the  State  analyst's 


56 

report  upon  each  one:  the  number  of  complaints  entered  against  persons  for  viola- 
tion of  the  laws  relative  to  the  adulteration  of  food,  the  number  of  convictions  had, 
and  the  amount  of  tines  imposed  therefor,  together  with  stich  recommendations 
relative  to  the  statutes  in  force  as  his  experience  ma}-  justify.  The  commissioner 
shall  also  prepare,  print,  and  distribute  to  all  the  papers  of  the  State,  and  to  such 
persons  as  may  be  interested  or  may  apply  therefor,  a  monthly 
bulletin  in  suitable  paper  covers,  containing  results  of  inspections, 
the  results  of  analyses  made  by  the  State  analyst,  with  popular  explanation  of  the 
same,  and  such  other  information  as  may  come  to  him  in  his  official  capacity 
relating  to  the  adulteration  of  lood  and  drink  products  and  of  dairy  products,  so 
far  as  he  may  deem  the  same  of  benefit  and  advantage  to  the  public:  also  a  brief 
summary  of  all  the  work  done  during  the  month  by  the  commissioner  and  his 
assistants  in  the  enforcement  of  the  laws  of  the  State,  but  not  more  than  ten 
thousand  copies  of  each  of  such  monthly  bulletins  shall  be  printed. 

SEC. 11.  X  As  added  by  Act  No.  245,  Public  Acts,  1895:  and  amended  by 
•  Act  No.  154,  Public  Acts,  1897;  and  by  Act  No.  2G8,  Public  Acts,  1899. ) 
There  shall  be  appropriated  each  year  the  sum  of  eighteen  thousand  dollars,  out 
of  which  shall  be  paid  in  such  manner  as  other  similar  salaries,  expenses,  and 
accounts  are  allowed  and  paid,  all  the  salaries  and  expenses  provided  for  in  this 
act:  Provided,  That  all  expenses  for  stationery  and  printing  shall  be  audited  and 
paid  in  the  same  manner  as  other  State  printing  and  stationery. 

SEC.  12.  (As  added  by  Act  No.  245,  Public  Acts,  1895;  and  amended  by  Act 
y'  No.  154,  Public  Acts.  1897;  and  by  Act  No.  268,  Public  Acts,  1899.)  The 
Auditor-General  is  hereby  directed  to  annually  add  to  and  incorporate  into  the 
State  tax,  to  be  levied  each  year,  the  sum  of  eighteen  thousand  dollars,  to  be  levied, 
assessed  and  collected  as  in  case  of  other  taxes  for  general  purposes,  upon  all  the 
property  of  the  State,  and  when  the  tax  is  so  levied  and  collected,  the  same  shall 
be  paid  into  and  become  a  part  of  the  general  fund  to  reimburse  such  fund  for  the 
amounts  appropriated  to  carry  into  effect  the  provisions  of  this  act. 

ACT  No.  16",  PUBLIC  ACTS,  1899. 

AN  ACT  in  relation  to  the  Powers  and  Duties  of  the  Dairy  and  Food  Commissioner  of  the  State 

of  Michigan. 

„  .  ,     SECTION  1.  That  an  v  person  who  shall  obstruct  the 

Misdemeanor  to  obstruct  an  offic.al.     Dairy  and  F(x)d  C^mission^   or  Ms   deputy>  Qr 

any  of  his  duly  appointed  inspectors,  by  refusing  to  allow  him  entrance  to  any 
place  where  he  is  authorized  to  enter  in  the  discharge  of  his  official  duty,  or 
refuses  to  deliver  to  him  a  sufficient  sample  for  the  analysis  of  any  article  of  food 
or  drink  sold,  offered  or  exposed  for  sale,  or  in  his  possession  forfcthe  purpose  of 
sale,  wherever  the  same  may  be  found,  when  the  same  is  requested  and  when  the 
value  thereof  is  tendered,  shall  be  guilty  of  a  inisderaeanor.  and  upon  conviction 
p  k  j  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
a  J'  or  more  than  one  hundred  dollars  and  the  costs  of  prosecution,  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  days  or  more  than  ninety  days, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court,  for  each 
and  every  offense. 

in  effect.    This  act  is  ordered  to  take  immediate  effect. 

ACT  No.  IOC,  PUBLIC  ACTS,  1899. 
AN  ACT  in  relation  to  the  sale  and  delivery  of  milk. 

Adulterated  or  preferred  milk.     SECTION  1.  No  person  shall  offer  or  expose  for  sale, 
sell,  exchange,  or  deliver,  or  have  in  his  possession  with 

intent  to  sell,  exchange,  or  deliver,  any  milk  to  which  water,  chemicals,  or  pre- 
servatives, or  any  other  foreign  substance  has  been  added.  The  term  milk  as 
used  in  this  act  shall  include  all  skimmed  milk,  buttermilk,  cream  and  milk  in 
its  natural  state,  as  drawn  from  the  cow. 

Penalt  ^EC*  ^'  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neglects 
or  refuses  to  do  any  of  the  acts  or  things  enjoined  by  this  act.  or  in  any 
way  violates  any  of  its  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  less  than  one  dollar  nor  more  than  one  hundred 
dollars  and  the  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  not 
more  than  ninety  days,  or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 
in  effect.  This  act  is  ordered  to  take  immediate  effect. 


57 

ACT  No.  254,  PUBLIC  ACTS,  1899. 

AN  ACT  to  regulate  the  sale  of  butter  produced  by  taking  original  packing  stock  and  other 
butter  and  melting  the  same,  so  that  the  butter  oil  can  be  drawn  off,  mixed  with  skimmed 
milk  or  other  material' and  by  emulsion  or  other  process  produce  butter,  and  butter  produced 
by  any  similar  process,  and  commonly  known  as  "  Process  "  Butter:  Providing  for  the  enforce- 
ment thereof,  and  punishment  for  the  violation  of  the  same.  (In  effect  September  22, 1899.) 

SECTION  1.    That  no  person,  firm  or  corporate  body 
Process  butter  must  be  labeled,     ^j    witMn    ^   ^^  ^  Qr  Qffer   Q£  espose  f<£ 

sale,  or  have  in  his,  her.  or  their  possession  with  intent  to  sell,  any  butter  not 
labeled  in  compliance  with  the  provisions  of  this  act.  Butter  produced  by  taking 
original  packing  stock  and  other  butter  and  melting  the  same,  so  that  the  butter 
oil  can  Le  drawn  off,  mixed  with  skim  milk  or  other  material,  and  by  emulsion  or 
other  process  produce  butter,  and  butter  produced  by  any  similar  process,  and 
commonly  known  as  4i  Process."  butter,  shall  before  sale,  and  before  being  offered 
and  exposed  for  sale,  and  while  in  the  possession  of  any  person,  firm,  or  corporate 
body  with  intent  to  sell  the  same  be  plainly  labeled  ''Process  Butter,"  in  the 
manner  prescribed  by  this  act.  If  sold,  offered  or  exposed  for  sale,  or  in  possession 
of  any  person,  firm,  or  corporate  body  with  intent  to  sell,  the  prints  or  rolls  shall 
be  covered  by  wrappers,  on  which  shall  be  printed  in  conspicuous  letters  the 
words  "Process  Biitter.''  If  packed  in  tubs  or  other  receptacles,  and  sold  or 
offered  or  exposed  for  sale,  or  held  in  the  possession  of  any  person,  firm,  or  corpo- 
rate body  with  intent  to  sell  the  same,  the  said  words  shall  be  printed  in  one  inch 
letters  on  the  top  and  two  sides  of  the  tub  or  receptacle:  if  uncovered  and  not 
contained  in  a  tub  or  other  re.  eptacle,  and  sold  or  offered  or  exposed  for  sale,  or 
held  in  the  possession  of  any  person,  firm,  or  corporate  body  with  intent  to  sell 
the  same,  a  placard  containing  the  said  words  shall  be  attached  to  the  mass,  in  a 
manner  making  them  plain  and  prominent. 

Pe  alt-  ^EC'  ~'  E.verv  person,  firm,  or  corporate  body  who  shall  violate  any  of 
the  provisions  of  this  act  shall,  for  every  such  offense,  forfeit  and  pay 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  which  shall 
be  recoverable  with  costs,  including  expense  of  inspection  and  analysis,  by  any 
person  suing  in  the  name  of  the  People  of  the  State  of  Michigan,  as  debts  of  like 

amount  are  by  law  recoverable:  Provided,  That 
o  enforce;     the    Dairy    .m(j     Food    Colnmissioner.    together 

with  the  deputies,  agents  and  assistants,  shall  be 
charged  with  the  enforcement  of  this  act.  and  shall  have  full  access  to  all  places 
of  business,  factories,  buildings,  carriages,  cars,  vessels,  barrels,  and  packages  of 
whatever  kind,  used  in  the  manufacture  and  transportation  and  sale  of  any  but- 
ter or  any  adulteration  or  imitation  thereof.  They  shall  also  have  power  and 
authority  to  open  any  package,  barrel,  or  vessel  containing  any  butter,  or  any 
adulteration  or  imitation  thereof,  which  may  be  manufactured,  so.d.  or  offered 
or  exposed  for  sale,  or  held  in  possession  with  intent  of  the  holder  to  sell:  and 
they  shall  also  have  full  power  and  authority  to  take  the  samples  thereof  for  anal- 
ysis, upon  tendering  the  value  of  said  sarnp.es.  And  all  charges,  accounts,  and 
expenses  of  the  department  for  the  enforcement  of  this 
Bnt'  act,  through  the  said  commissioner,  and  his  deputies, 
agents,  assistants,  chemists,  and  counsel  employed  by  him  in  carrying  out  the  pro- 
visions of  this  act,  shall  be  paid  by  the  treasurer  of  the  State  out  of  the  appro- 
priation for  the  support  of  the  Dairy  and  Food  Department. 

.,  SEC.  :>.  Every  person  who  violates  any  of  the  provisions  of  this  act  shall 

be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  l>e 
punished  by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  thirty  days,  or  both  fine  and  imprisonment,  for 
the  first  offense:  and  a  fine  of  one  hundred  dollars  and  imprisonment  for  thirty 
days,  for  every  subse-juent  offense:  Provided.  That  all  fines  and 
costs,  including  the  expense  of  inspection  and  analysis  imposed 
under  this  section,  shall  be  covered  into  the  State  Treasury,  as  provided  by  sec- 
tion two  of  this  act;  and  all  butter  sold  or  offered  or  exposed  for  sale,  or  held  in 
the  possession  of  anyone  with  intent  to  sell  the  same  in  violation  of  the  provisions 
of  this  act  shall  be  subject  to  forfeiture  and  spoliation. 

SEC.  4.  Justices  of  the  peace  throughout  this  State  shall 
have  jurisdiction  to  hear  and  determine  actions  arising 

for  violations  of  the  provisions  of  this  act,  and  to  hold  for  court  or  to  impose  the 
penalties  imposed  therein,  subject  to  appeal  as  the  law  shall  direct. 


58 

ACT  No.  147,  PUBLIC  ACTS,  1899. 
AN  ACT  in  relation  to  the  manufacture  and  sale  of  oleomargarine  or  imitation  butter. 

SECTION  1.  No  person  shall  sell,  expose  or  offer  for  sale 

Oleomargar.ne  to  bo  labeled.      Qr  exchang6(  Q/have  in  hig  1)Osse.ssion  with  intent  to  sell 

or  exchange,  any  oleomargarine  or  other  substance  made  in  imitation  of  butter, 
and  which  is  intended  to  be  used  as  a  substitute  for  butter,  unless  each  and  every 
vessel,  package,  roll,  or  parcel  of  such  substance  has  distinctly  and  durably  printed, 
stamped,  or  stenciled  thereon  in  black  letters  the  true  name  of  such  substance,  in 
ordinary  bold-faced  capital  letters,  not  less  than  five-line  pica  in  size;  and  also  the 
name  and  address  of  the  manufacturer,  together  with  the  name  of  each  and  every 
article  or  ingredient  used  or  entering  into  the  composition  of  such  substance,  in 
ordinary  bold-faced  letters,  not  less  than  pica  in  size. 

v    h  ,  ...      .       SEC.  2.  No  person  shall  sell,  exchange,  or  deliver  any  oleo- 

'  margarine  or  other  substance  made  in  imitation  of  butter, 
and  which  is  intended  to  be  used  as  a  substitute  for  butter,  unless  he  shall  dis- 
tinctly inform  the  purchaser  by  a  verbal  notice  at  the  time  of  the  sale  that  the 
same  is  a  substitute  for  butter,  and  shall  also  deliver  to  the  purchaser  of  each  and 
every  roll,  package,  or  parcel  of  such  oleomargarine  or  other  substance,  at  the 
.  time  of  the  delivery  of  the  same,  a  separate  and  distinct  label,  on 
which  is  plainly  and  legibly  printed  in  black  ink  in  ordinary  bold- 
faced capital  letters  not  less  than  five-line  pica  in  size,  the  true  name  of  such  sub- 
stance and  also  the  name  and  address  of  the  manufacturer,  together  with  the  name 
of  each  article  used  and  entering  into  the  composition  of  such  substance,  in  ordi- 
nary bold-faced  letters  not  less  than  pica  in  size. 

SEC.  3.  The  proprietor  or  keeper  of  any  store, 
Placards  in  eatmsr  places  and  stores.  ,    ,  i  -U        j-        i 

hotel,  restaurant,  eating  saloon,  boarding  house, 

or  other  place  where  oleomargarine  is  sold  or  furnished  t  )  persons  paying  for  the 
same,  shall  have  placed  on  the  walls  of  every  store  or  room  where  oleomargarine 
is  sold  or  furnished,  a  white  placard  on  which  is  printed  in  black  ink,  in  plain 
Roman  letters  of  not  less  than  three  inches  in  length,  and  not  less  than  two  inches 
in  width,  the  words  '•O'eomargaiine  Sold  or  Used  Here,''  and  shall  at  all  times 
keep  the  same  exposed  in  such  conspicuous  place  as  to  be  r.eadily  seen  by  any  and 
all  persons  entering  such  store  or  other  room  or  rooms. 

Dairy  terms  for  oleomargarine  forbidden.      SEC"  4'  **<>  PerSOn  ?h»U   use  in   any  way,  in 

connection  or  association  with  the  sale  or  ex- 
posure for  sale  or  advertisement  of  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter,  the  word  "  Butter,"  •'  Creamery,"  or  "  Dairy,"  or  the  name  or 
representation  of  any  breed  of  dairy  cattle,  or  any  combination  of  such  word  or 
words  and  representation,  or  any  other  words  or  symbols  or  combinations  thereof 
commonly  used  in  the  sale  of  butter. 

Butter  defined     ^EC-  ^'  ^or  ^e  purpose  of  this  act  the  word  '-butter"  shall  be 
understo  )d  to  mean  the  food  product  usually  known  as  butter,  and 
which  is  made  exclusively  from  milk  or  cream,  or  both,  with  or  without  common 
salt,  and  with  or  without  additional  coloring  matter. 

Oieomar  arine  defln  >d  ^EC-  ®'  ^OT  ^e  Pm'Poses  °f  this  act  certain  manufactured 
'  substances,  certain  extracts,  and  certain  mixtures  and  com- 
pounds, including  such  mixtures  and  compounds  with  butter,  shall  be  known 
and  designated  as  "Oleomargarine,"  namely:  All  substances  heretofore  known 
as  oleomargarine,  oleo,  oleomargarine  oil,  butterine,  lardine,  suine,  and  neu- 
tral; all  mixtures  and  compounds  of  oleomargarine,  oleo,  oleomargarine  oil,  but- 
terine, lardine,  suine,  and  neutral;  all  lard  extracts  and  tallow  extracts;  and  all 
mixtures  and  compounds  of  tallow,  beef  fat,  suet,  lard,  lard  oil,  vegetable  oil, 
butterine,  lardine,  suine  and  neutral;  all  lard  extracts  and  tallow  extracts;  and 
all  mixtures  and  compounds  of  tallow,  beef  fat.  suet,  lard,  lard  oil,  vegetable  oil, 
intestinal  fat,  and  offal  fat,  made  in  imitation  or  semblance  of  butter,  or,  when 
so  made,  calculated  or  intended  to  be  sold  or  used  as  butter  or  for  butter. 

p  .,  SEC.  7.  Whoever  violates  any  of  the  provisions  of  this  act  shall  be  deemed 
y<  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  five  hundred  dollars,  and  the 
costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  or  State  House  of 
Correction  and  Reformatory  at  Ionia,  for  not  less  than  six  months  nor  more  than 
three  years,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of  the  court, 
in  each  and  every  offense.  All  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 
in  effect.  This  act  is  ordered  to  take  immediate  effect. 


59 

MINNESOTA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pairos  (J22-G23,  for  — 

General  Laws  of  1887,  chapter  141  (sections  1  and  2).  —  An  act  to  prevent  traud 
in  dairy  products  and  to  preserve  health. 

General  Laws  of  1895,  chapter  202  (sections  1-5).  —  An  act  to  preserve  the  public 
health  by  requiring  dealers  in  certain  crises  to  empty  and  wash  cans,  bottler,  and 
vessels  used  in  transporting  milk  or  cream.  (Approved  April  25,  1895.  ) 

General  Laws  of  189"),  chapter  203  (sections  1-3).—  An  act  relating  to  the 
inspection  of  milk  and  of  dairies  and  dairy  herds,  and  to  provide  for  the  licensing 
and  regulation  of  the  sale  of  milk  in  cities.  (Approved  April  26,  1895.) 

[General  Laws  of  1885,  chapter  149,  as  amen  led  and  supplemented  by  chapter 
140,  General  Laws  of  1887  and  chapter  247.  General  Laws  of  1889;  and  General 
Laws  of  1891,  chapter  11,  have  been  superseded  by  General  Laws  of  1899,  chapter 
295,  below.] 

Recently  enacted: 

GENERAL  LAWS  1889,  CHAPTKK  295. 

AN  ACT  to  prevent  fraud  in  the  sale  of  dairy  products,  their  imitations  or  substitutes,  to  pro- 
hibit and  prevent  the  manufacture  or  sale  of  unhealthy  or  adulterated  dairy  products,  and  to 
preserve  the  public  health.  (Approved  April  19,  1899.) 


Dairy  and  Food  Commissioner,  who  shall  be  a  citizen  of  this  State,  and  who  shall 
hold  his  office  for  a  term  of  two  years,  or  until  his  successor  is  appointed,  and  who 
shall  receive  a  salary  of  $1,800  per  annum  and  his  necessary  expenses  incurred  in 
the  discharge  of  the  duties  required  of  him  by  law,  and  shall  be  charged  with  the 
enforcement  of  the  various  laws  coming  under  his  department.  It  shall  be 
the  duty  of  the  said  commissioner  to  enforce  all  laws  that  now  exist  or  that 
hereafter  may  be  enacted  in  this  State  regarding  the  production,  manufacture,  and 
sale  of  dairy  products,  their  imitations  and  substitutes  and  food  prepared  there- 
from, the  production,  manufacture,  sale,  or  adulteration  of  which  is  made  subject 
to  this  or  other  laws,  and  to  prosecute  or  cause  to  be  prosecuted  any  person,  firm, 
or  corporation  or  agent  thereof,  engaged  in  the  manufacture  or  sale  of  any  impure, 
adulterated,  or  counterfeit  dairy  products  that  are  produced,  offered  for  sale,  or 
sold,  contrary  to  the  laws  of  this  State.  Said  commissioner  may  be  removed  from 
office  at  the  pleasure  of  the  governor  and  a  successor  appointed  in  his  stead. 
The  said  commissioner  is  hereby  authorized  and  emnow- 

Othcr  officer*  anil  salaries.  •,  ,  ,      J        ,  ,     ,,  ,      .,,  . 

ered  to  appoint  a  secretary,  whose  salary  shall  be  §1  .200  per 

annum,  one  assistant  commissioner,  whose  salary  shall  be  $1.500  per  annum,  one 
chemist,  whose  salary  shall  be  §1.500  per  annum,  one  assistant  chemistwhen  needed. 
to  bt>  paid  not  to  exceed  $100  per  month,  and  such  number  of  inspectors  as  may  by 
him  be  deemed  necessary,  to  be  paid  at  the  rate  of  $100  per  month  and  the  neces- 
sary expenses  incurred  in  the  performance  of  their  duties,  and  to  employ  such 
A  riailon  counsel  as  may  be  deemed  necessary.  The  sum  of  $15,000  annually 
is  hereby  appropriated  to  be  paid  for  the  execution  of  the  dairy  laws. 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated.  All  charges, 
accounts,  and  expenses  authorized  by  this  act  shall  be  paid  by  the  treasurer  of  the 

Bien.i.1  reports  and  bulleiinn.    State  uI)On  the  warrant  of  the  State  and.  tor:     The  said 
commissioner  shall  make  biennial  reports  to  the  legisla- 

ture not  later  than  the  fifteenth  day  of  January  of  his  work  and  proceedings,  and 
shall  report  in  detail  the  number  of  inspectors  he  has  appointed  and  employed. 
.with  their  expenses  and  disbursements,  and  the  amount  of  salary  paid  the  same, 
and  he  may  from  time  to  time  issue  bulletins  of  information,  when  in  his  judg- 
Offlre  n«i  laho  tor  ment  the  interests  of  the  State  would  be  promotid  thereby.  The 
'  said  commissioner  shall  have  rooms  in  the  capitol.  to  he  set 
apart  for  his  use  by  the  governor,  and  a  laboratory  in  the  capital  where  all  chem- 
ical analyses  for  the  department  shall  l)e  conducted.  This  section  shall  not  affect 
the  tenure  of  office  of  the  present  commissioner,  ami  ho  shall  be  regarded  as  hav- 
ing been  appointed  under  the  provisions  of  this  act. 

Pone™  of  officers      ^EC*  2<  ^lltt  8ai(*  commis-siom>r  an(l  assistant  commissioner  and 

such  insi>ectors,  agents,  experts,  chemists,  and  counsel  as  they 

shall  dulv  authorize  for  tho  purpose,  shall  have  access,  ingress,  and  egress  to  all 

places  of  business,  factories,  farms,  buildings,  carriages,  and  cars  used  in  the  man- 


60 

ufacture  and  sale  or  transport  of  any  dairy  product  or  any  substitute  therefor,  or 
imitation  thereof,  and  also  into  all  restaurants,  dining  balls,  cafes,  hotels  and  all 
rooms  theivof,  and  all  other  places  wherein  food  is  prepared,  stored  or  served  to 
patrons.  They  shall  also  have  power  and  authority  to  open  any  package,  can  or 
vessel  containing  such  article  which  may  be  manufactured,  sold,  or  exposed  for 
sale  in  violation  of  the  provisions  of  this  act,  or  laws  that  now  exist  or  that  may 
hereafter  be  enacted  in  this  State,  and  may  inspect  the  contents  thereof,  and  may 
Assistance  to  be  iriven  take  samples  therefrom  for  analysis.  All  dealers,  clerks,  book- 
'  keepers,  express  agents,  railroad  officials,  employes,  or  common 
carriers  shall  render  to  them  all  the  assistance  in  their  power  when  so  required  in 
tracing,  finding,  or  discovering  the  presence  of  any  article  prohibited  by  law. 


Failure  t   assist      ^EC>  '^  ^n^  refusal  or  neglect  on  the  part  of  such  dealers,  clerks, 
bookkeepers,  express  agents,  railroad  officials,  employes,  or  com- 
mon carriers  to  render  such  friendly  aid  shall  be  deemed  a  misdemeanor  and  shall 
be  punished  as  hereinafter  provided. 

impure  milk  prohibited,     f  EC'  \  No  P8*8011'  ?r,m-  or  corporation  shall  offer  or  expose 
tor  sale,  or  sell  or  deliver  for  sale  or  consumption,  or  have 

in  his  possession  with  intent  to  sell,  any  unclean,  impure,  unhealthful,  unwhole- 
some, or  adulterated  milk  or  cream  from  the  same,  or  any  milk,  or  cream  from 
the  same,  which  has  not  been  well  cooled,  aerated,  or  to  which  preservatives  of 
any  kind  have  been  added. 

Care  of  cows  ^EC-  ^'  ^°  Person'  nrm-,  or  corporation  shall  keep  cows  for  the  pro- 
duction of  milk:  for  market  or  for  sale  or  exchange,  or  for  manufac- 
turing the  same,  or  cream  from  the  same,  into  articles  of  food,  in  a  crowded 
condition,  or  in  stables  which  are  not  perfectly  ventilated  or  which  are  filthy  from 
Use  of  milk  from  unclean  or  affected  cows.  an  accumulation  of  animal  refuse  or  from  any 

other  cause.     Nor  shall  milk  for  such  purposes 

be  drawn  from  cows  which  are  themselves  in  a  condition  of  filth  or  uncleanness, 
or  from  cows  which  are  affected  with  tuberculosis,  ulcers,  running  sores,  or  any 
other  form  of  disease,  or  from  cows  which  are  fed,  either  wholly  or  in  part,  upon 
distillery  waste,  or  brewery  grains,  or  the  waste  of  vinegar,  or  that  of  sugar  fac- 
tories, not  properly  preserved  in  silos,  or  upon  any  other  form  of  food  which  will 
produce  milk  which  is  unhealthful  or  unwholesome;  or  from  cows  within  fifteen 
days  before  and  five  clays  after  parturition:  and  all  milk  thus  produced  is  hereby 
declared  to  be  unclean,  impure,  unhealthful,  and  unwholesome  milk,  and  any  milk 

Addition  of  foreign  matter.   wh,icfh  is  shopwn  by  analysis  to  contain  any  substance  or 
substances  of  any  character  whatever  not  natural  or  nor- 

mal constituents  of  milk,  or  to  have  been  deprived  either  wholly  or  in  part  of  any 
„...  ,  constituent  naturally  or  normally  contained  in  milk  or  wrhich  is 

shown  to  contain  more  than  eighty-seven  per  centum  of  water  fluids 
or  less  than  thirteen  per  centum  of  milk  solids,  of  which  not  less  than  three  and 
one-half  per  centum  shall  be  fat.  is  hereby  declared  to  be  adulterated  milk.  This 
section  shall  not  be  construed  to  prevent  the  feeding  of  ensilage  from  silos.  The 
having  in  possession  by  any  person,  firm  or  corporation  producing  milk  for  mar- 
ket or  for  sale  or  exchange,  or  for  manufacturing  the  same,  or  cream  from  the 
same  into  articles  of  food,  of  distillery  waste  or  brewery  grains,  or  the  waste  of 
vinegar,  or  that  of  sugar  factories  not  preserved  as  aforesaid,  or  any  other  form 
of  food  which  will  produce  milk  which  is  unhealthy  or  unwholesome,  shall  be  con- 
sidered for  the  purposes  of  this  act  as  prima  facie  evidence  of  an  intent  to  use 
the  same  contrary  to  the  provisions  of  this  act. 

SEC.  6.   No  person,   firm,  or  corporation 
Manufacture  of  any  food  from  unhealthy  milk.       ,     ,,  e*?  >  . 

shall  manufacture  from  unclean,  impure, 

unhealthful,  or  unwholesome  milk,  or  of  cream  from  the  same,  any  article  of  food. 

C     mi  -t  nd    <i     ^EC>  ~'  ^°.  Person>  firm,  or  corporation  shall  sell  or  offer  for  sale  or 
"   have  in  his  possession  with  intent  to  sell,  any  cream  taken  from 
impure,  unwholesome,  or  diseased  milk  or  cream  that  contains  less  than  twenty 
per  centum  of  fat. 

SEC.  8.  No  person,  firm,  or  corporation  shall  sell  or  expose 

SklBtB.Uk  must  be  labeled.     f<?f  ^  ^^  ^  ^  pogsess^on    with  intent  t?  ^  Jn 

any  store  or  place  of  business,  or  on  any  wagon  or  other  vehicle  used  in  trans- 
porting or  selling  milk  from  which  cream  has  been  removed,  or  milk  commonly 
called  "skimmed  milk,"  without  first  marking  the  can,  vessel,  or  package  contain- 
ing said  milk  with  the  words  "skimmed  milk,''  in  large,  plain,  black  letters  upon 
a  light-colored  background,  each  letter  being  at  least  one  inch  high  and  one-half 
inch  wide;  said  words  shall  be  on  the  top  or  side  of  said  can,  vessel,  or  package 
where  they  can  be  easily  seen. 


61 


and  six-tenths  cubic  centimeters,  and  for  cream  shall  have  a  capacity  of  eighteen 
cubic  centimeters,  and  the  State  standard  test  tubes  or  bottles  for  milk  shall  have  a 
capacity  for  two  cubic  centimeters  of  mercury  at  a  temperature  of  sixty  degrees 
Fahrenheit  between  "zero"  and  ten  on  the  graduated  scale  marked  on  the  necks 
thereof:  and  the  standard  test  tubes  or  bottles  lor  cream  shall  have  a  capacity  of 
six  cubic  centimeters  of  mercury  at  a  temperature  of  sixty  degrees  Fahrenheit 
between  "zero"  and  thirty  on  the  graduated  scale  marked  on  the  necks  thereof, 
and  it  is  hereby  made  a  misdemeanor  to  use  any  other  size  of  milk  measure, 
pipette,  test  tube,  or  bottle  to  determinate  the  per  cent  of  butter  fat,  where  milk 
or  cream  is  purchased  by,  or  furnished  to,  creameries  or  cheese  factories,  and  where 
the  value  of  said  milk  or  cream  is  determined  by  the  per  cent  of  butter  fat  con- 
tained in  the  same.  Any  manufacturer,  merchant,  dealer,  or  agent  in  this  State 
who  shall  offer  for  sa!e  or  sell,  a  cream  or  milk  pipette  or  measure  test 
'  tube  or  bottle  which  is  not  correctly  marked  or  graduated  as  herein  pro- 
vided shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  as  provided  in  section  30  of  this  act. 


False  tests     ^EC-  ^*  ^  8^a^  ^e  unlawful  for  the  owner,  manager,  agent  or  any 
employe  of  a  creamery  or  cheese  factory  to  manipulate  or  under-read 
the  Babcock  test,  or  any  other  contrivance  used  for  determining  the  quality  or 
value  of  milk. 


Sale  or  use  or  preserr.tires  prohibited.     SEC"  V'  ?°   ^^i   &T*?'  ^Corporation    shall 

manufacture  for  sale,  advertise,  offer  or  expose 

for  sale,  or  sell,  any  mixture  or  compound  intended  for  use  as  an  adulterant  of  or 
preservative  of  milk,  butter,  or  cheese,  nor  shall  any  person,  firm,  or  corporation 
add  to  milk  or  butter  or  cheese,  or  during  the  process  of  their  manufacture,  any 
borax,  boric  acid,  salicylic  acid,  formaldehyde,  formalin,  or  any  other  substance 
or  substances  in  the  nature  of  adulterants,  antiferinents,  or  preservatives.  Pro 
rid  <l,  however,  that  this  section  shall  not  apply  to  pure  salt  added  to  butter  and 
cheese. 

Licenses  to  peddle  milk.     SEC"  ,13'  Whoever  by  himself  or  his  agents  conveys  milk  in 
carriages,  carts,  or  other  vehicles,  or  in  any  manner,  tor  the 

purpose  of  selling  the  same,  in  any  city  or  town  of  1,000  inhabitants  or  more, 
shall  annually  on  the  first  day  of  May,  or  within  thirty  days  thereafter,  be  licensed 
by  the  State  Dairy  and  Food  Commissioner  to  sell  milk  within  the  limits  of  said 
city  or  town,  and  shall  pay  to  the  said  State  Dairy  and  Food  Commissioner  the 
sum  of  one  dollar  for  each  and  every  carriage,  cart,  or  other  vehicle  thus  employed, 
to  the  use  of  said  dairy  and  food  commissioner.  Licenses  shall  be  used  only  in 
the  names  of  the  owners  of  carriages,  carts,  or  other  vehicles,  and  shall  for  the 
purpose  of  this  act  be  prima  facie  evidence  of  ownership.  All  licenses  shall  ter- 
minate on  the  first  day  of  May  of  each  and  every  year.  No  licenses  shall  be  sold, 
assigned  or  transferred.  Each  license  shall  record  the  name,  residence,  placo  of 
business,  number  of  carriages,  carts,  or  other  vehicles  used  (where  more*  than  one 
is  employed),  the  name  and  residence  of  any  driver,  or  other  person  engaged  in 
selling  or  delivering  said  milk,  the  number  of  the  carriage,  cart,  or  other  vehicle, 
where  he  has  more  than  one.  and  the  number  of  license. 
Re,,u,ren,rnts  of  lioonM-s.  E&ch  Hcensee  ghall  ^fare  engaging  in  the  sale  of  milk, 

cause  his  name,  the  number  of  his  license,  and  the  number  of  the  carriage,  cart, 
or  other  vehicle,  where  he  has  more  than  one,  and  his  place  of  business  t<  >  be  legi- 
bly placed  on  each  outer  side  of  all  carriages,  carts,  or  other  vehicles  used  by  him 
in  the  conveyance  or  sale  of  milk  and  he  shall  report  to  the  State  dairy  and  food 
commissioner  any  change  of  driver,  or  other  person  employed  by  him.  which  may 
occur  during  the  term  of  his  license.  Any  person  keeping  not  more  than  one 
cow  shall  be  exempted  from  the  provisions  of  this  section. 

Licenses  to  .Hi  .t  ston-s,  HO.,  m.uired.     ?":i''   1:!-  £very  person,    firm,  or    corporation 

before  selling  milk  or  offering  it  for  sale,  or 

having  it  in  his  possession,  with  intent  to  sell  in  a  store,  booth,  stand,  creamery, 
cheese  factory,  or  any  other  place,  in  tho  respective  towns  or  cities,  as  designated 
in  section  13  of  this  act,  shall  procure  a  license  from  the  State  Dairy  and  Food 
Commissioner,  or  his  authorized  agents,  and  shall  pay  therefor  the  sum  of  one 
dollar.  Every  such  license  shall  terminate  on  the  first  day  of  May  in  each  and 
every  year.  JSo  license  shall  be  sold  or  transferred. 


l>Up,,H.I  of  .d«lter.tr,l  milk.    ^':.  l4'  ,No  P61?0"  by  '»»*««  or  his  agents  or  servants 

shall  sell,  supply,  or  bring  to  bo  manufactured,  to  any 

butter  or  chee«e  manufactory  any  milk  diluted  with  water  or  any  other  substance 


62 

whatever,  or  any  unclean,  impure,  unhealthy,  adulterated,  or  unwholesome  milk, 
or  milk  from  which  any  cream  has  been  taken  (except  pure  skim  milk  to  skiin 
cheese  factories  ),  or  shall  keep  back  any  part  of  the  milk  commonly  known  as 
'•  strippings,''  or  shall  bring  or  supply  milk  which  is  sour,  to  any  butter  or  cheese 
manufactory  (except  pure  skim  milk  to  skim  cheese  factories).  No  butter  or 
cheese  manufactories  except  those  which  buy  all  the  milk  they  use  shall  use  for 

Use  of  milk  for  benefit  of  operators.     their  ov™  benefit  ™  all°W  any  of  the^  employes 

or  any  other  person  to  use  any  of  the  milk  or  cream 

brought  to  said  manufactories,  or  the  product  thereof,  without  the  consent  of  the 
owners  thereof.  Every  butter  and  cheese  manufacturer,  except  those  who  buy  all 

the  milk  they  use,  shall  keep  a  correct  record  of  all 

licrord  of  operations  of  factories.  •-,-,    ^    .,  •,  ,. 

the  milk  daily  received,  and  of  the  number  of  pounds 

and  packages  of  butter,  the  number  and  aggregate  weight  of  cheese  made  each 
da}r.  the  number  of  packages  of  cheese  and  butter  disposed  of.  which  record  shall 
be  open  to  inspection  to  every  person  who  delivers  milk  to  such  manufacturer. 

SEC.  13.  No  person  by  himself  or  his  agents  or  servants 
allr0che0esee.S        sna11  manufacture  for  sale,  have  in  his  possession  with 


intent  to  sell,  offer  or  expose  for  sale,  or  sell  as  butter  or 
as  cheese  any  substance  not  the  exclusive  and  legitimate  product  of  milk  or  cream. 

SEC.  16.  No  person  by  himself  or  his  agents, 
Im.t.t.onH  of  butter  and  cheese  prohibited.      ?r  hig  agentgPor  serjnts  shall  manufacture 

for  sale,  have  in  his  possession  with  intent  to  sell,  expose  or  offer  for  sale,  or  sell 
as  butter  or  as  cheese,  or  as  substitutes  for  butter  or  cheese,  or  as  imitations  of 
butter  or  cheese,  under  any  name  or  title  whatsoever,  any  mixture  or  compound, 
which  is  designed  to  take  the  place  of  butter  or  of  cheese,  and  which  is  made  from 
animal  or  vegetable  oils  or  fats,  or  by  the  mixing  or  compounding  of  the  same,  or 
any  mixture  or  compound  consisting  in  part  of  butter  or  of  cheese  in  mixture  or 
combination  with  animal  or  vegetable  oils  or  fats,  nor  shall  any  person  mix,  com- 
pound with  or  add  to  milk,  cream,  butter,  or  cheese  any  animal  or  vegetable  oils 
or  fats,  with  design  or  intent  to  make  or  produce  any  article  or  substance  in  imi- 
tation of  butter  or  cheese,  nor  shall  any  person  coat,  powder,  or  color  with  annotto 
or  with  any  other  coloring  matter  whatever,  butterine,  or  oleomargarine  or  any 
mixture  or  compound  of  the  same,  or  any  article  or  compound  made  wholly  or  in 
part  from  animal  or  vegetable  oils  or  fats  not  produced  from  milk  or  cream, 
whereby  the  said  article  or  compound  shall  be  made  to  resemble  butter  or  cheese, 
nor  shall  any  person  offer  or  expose  for  sale  or  sell  any  article,  substance,  or  com- 
pound made,  manufactured,  or  produced  in  violation  of  the  provisions  of  this 
section,  whether  such  article,  substance,  or  compound  shall  have  been  made,  man- 
ufactured, or  produced  within  this  State  or  in  any  other  State  or  country:  and  the 
having  in  possession  by  any  person,  firm,  or  corporation  of  any  article,  substance, 
or  compound  made,  manufactured,  or  produced  in  violation  of  the  provisions  of 
this  section  shall  be  considered  as  prima  facie  evidence  of  an  intent  to  sell  the 
same  as  butter  or  as  cheese  contrary  to  the  provisions  of  this  section.' 

I'h  s  b  d  SEC.  17.  The  Minnesota  State  Dairy  and  Food  Commissioner  is  hereby 
"  authorized  and  directed  to  procure  and  issue  to  the  cheese  manufac- 
turers of  the  State,  and  under  such  regulations  as  to  the  custody  and  use  thereof 
as  he  may  prescribe,  a  uniform  stencil  brand  bearing  a  suitable  device  or  motto, 
and  the  words  "Minnesota  State  Full  Cream  Cheese.''  Every  brand  issued  shall 
be  used  upon  the  outside  of  the  cheese,  and  also  upon  the  package  containing  the 
same,  and  shall  bear  a  different  number  ior  each  separate  manuf  actor  y,  and  the 
commissioner  shall  keep  a  book  in  which  shall  be  registered  the  name,  location, 
and  number  of  each  manufactory  using  the  said  brand,  and  the  name  or  names  of 
the  persons  at  each*  manufactory  authorized  to  use  the  same.  It  shall  be  unlawful 
to  use  or  permit  such  stencil  brand  to  be  used  upon  any  other  than  full  cream 
cheese,  or  packages  containing  the  same. 

.,.  .    .     All  cheese  branded  as  "  Minnesota  State  Full  Cream  Cheese''  shall 

contain  not  less  than  forty-five  per  centum  of  fats  to  total  solids, 
and  all  cheese  purporting  to  be  full  cream  cheese  which  contains  less  than  forty- 
five  per  centum  of  fats  to  total  solids,  shall  be  deemed,  for  the  purpose  of  this  act, 
to  be  adulterated. 

•Circuit  Court,  D,  (District  Judge  Lochren).  Minnesota.  September  21,  1899.  "Oleomarga- 
rine is  a  lawful  subject  of  commerce,  and  a  State  statute  (Act  Minn.  April  19,  1899,  §  10)  which 
prohibits  the  sale  of  oleomargarine  so  colored  as  to  resemble  butter  is  unconstitutional  and  void 
in  so  far  as  it  applies  to  a  sale  within  the  State  of  oleomargarine  manufactured  in  another  State, 
and  imported  by  the  agent  of  the  manufacturer,  and  sold  by  him  iu  the  original  and  unbroken 
packages  of  importation,  stamped  and  marKed  as  required  by  the  act  of  Congress  of  August  2, 
1886,  the  product  being  composed  of  the  materials  described  in  said  act  as  constituting  lawful 
oleomargarine  of  commerce."  (From  Federal  Reporter,  November  21,  1899,  p.  963.) 


63 

SEC.  18.  All  cheese  which  contains  less  than  forty-five 
"Skim  cheese;     label  required.    pej.  oentum  of  fatg  to  total  so,idg  is  hereby  declared  to 

be  "  skim  cheese."  and  it  is  hereby  required  and  directed  that  the  same  shall  be 
marked  with  .a  stencil  or  brand  with  the  words  "Skim  Cheese.''  in  plain  black  let- 
ters, not  less  than  one  and  one-half  inches  in  length  and  of  proportionate  width, 
upon  the  circumference  of  the  cheese,  and  upon  the  outer  suriace  of  the  box  or 
package  containing  the  same;  and  any  dealer  or  trader  who,  by  himself,  or  as  the 
servant  or  agent  of  another  person,  has  in  his  possession  with  intent  to  sell,  offers 
or  exposes  for  sale,  or  sells  any  skim  cheese  as  hereinbefore  denned,  which  is  not 
stenciled  or  branded  as  hereinbefore  required  and  directed,  shall  be  deemed  to  be 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  the  penalties  provided  in  this  act. 

Every  dealer  or  trader  who  offers  or  exposes  for  sale 

Sign  to  be  delayed  where,  Us  sold.    ^  ^  8kim  ^^  ^  herembefore   Defined,  shall 

cause  to  be  kept  continuously  posted  in  a  conspicuous  position  upon  the  walls  of 
the  room  wherein  such  skim  cheese  is  offered  or  exposed  for  sale  or  sold,  cards 
upon  the  face  of  which  is  distinctly  and  legibly  printed  in  the  English  language, 
and  in  letters  of  sufficient  size  to  be  visible  from  all  parts  of  the  room,  the  words 
"Skim  Cheese  Sold  Here." 

SEC.  19.  No  person,  by  himself  or  agent,  shall  sell  or 

False  brands  or  labels  proh.bited.  ^  po^ession  with 


intent  to  sell,  cheese  branded  or  labeled  with  a  false  brand  or  label  as  to  the  quality 
of  the  article,  or  as  to  the  county  or  State  in  which  the  article  is  made. 

SEC.  20.  Every  proprietor,  keeper,  landlord,  or  steward 

Notice  of  use  of  oleomargarine.      Qf  &ny   hotel/  rPestaurant.    dimng    car<    eating    house? 

boarding  house,  or  lumber  camp,  either  public  or  private,  who  shall  supply  the 
guestsor  boarders  of  such  hotel,  restaurant.  diniugcar.  eatinghouse.  boarding  house, 
or  lumber  camp  with  any  oleaginous  substance  or  substances  or  any  compound 
of  the  same,  or  any  other  compound  other  than  that  produced  from  unadulterated 
milk,  or  of  cream  from  the  saine.  or  any  article  designed  to  take  the  place  of  but- 
ter, shall  cause  to  be  plainly  printed  upon  every  bill  of  fare  used  in  said  hotel,  res- 
taurant. eating  house,  boarding  house,  or  lumber  camp,  when  such  adulterated 
compound  is  used  immediately  under  the  title  thereof  and  before  the  naming  of 
any  article  of  food  thereon,  in  capital  letters,  no  smaller  than  those  known  as  non- 
pariel  Celtic,  in  the  English  language,  the  words  "Oleomargarine  (or  butterine) 
used  as  a  substitute  for  butter."  In  case  no  bill  of  fare  is  used  in  said  hotel,  res- 
taurant, dining  car.  eating  house,  boarding  house,  or  lumber  camp,  then  the  pro- 
prietor or  keeper  thereof  shall  cause  to  be  posted  upon  each  and  every  side  ot  the 
dining  room  or  eating  room,  in  a  position  where  the  same  can  be  seen  Irom  any 
part  of  said  room,  and  in  letters  large  enough  to  be  distinctly  seen  and  read  from 
any  part  of  said  room,  a  card  containing  the  words  in  the  English  language  "Oleo- 
margarine (or  butterine)  used  as  a  substitute  for  butter,"  and  shall  keep  the  same 
continuously  posted  as  aforesaid,  so  long  as  said  compounds,  or  either  of  them,  are 
kept  and  used.  The  provisions  of  this  section  shall  not  be  construed  as  in  any  wise 
amending  or  invalidating  any  of  the  provisions  of  sections  fifteen  (13)  or  sixteen 
(16,  of  this  act. 

SEC.  21.  The  commissioner  shall  provide  blanks 

Statistical  n.j>ortH  from  creameries  and      whk>h   ghall   ^   furnished   to   all   proprietors  or 

managers  of   creameries  and  cheese   factories 

within  the  State  for  the  purpose  of  making  a  report  of  the  amount  of  milk  and 
dairy  goods  handled,  and  embodying  such  other  statistical  information  as  the  com- 
missioner may  require,  and  all  owners  or  managers  of  said  creameries  and  cheese 
factories  shall,  on  the  first  day  of  Noveml>er  of  each  year,  send  to  the  dairy  and 
food  commissioner  a  full  and  accurate  report  of  the  amount  of  business  done  dur- 
ing the  year,  including  the  statistical  information  required  by  said  commissioner. 

SEC.  22.  It  shall  be  the  duty  of  said  commissioner,  assist  - 
ct>l-  ant  commissioners,  inspectors,  and  agents  at  any  and  all 
times  to  seize  and  take  possession  of  any  and  all  food  and  dairy  products,  or  sub- 
stitutes therefor,  or  imitations  thereof,  kept  for  sale  or  for  a  purpose,  or  held  in 
possession  or  under  control,  contrary  to  the  provisions  of  this  act.  or  other  laws 
which  now  exist,  or  may  be  hereafter  enacted.  Such  seizure  may  be  had  without 
a  warrant  and  said  commissioner,  assistant  commissioners,  and  all  inspectors  and 
agents  appointed  pursuant  to  law  are  hereby  given  full  power  and  authority  of 
constables.  Any  court  having  j  nrisdiction.  upon  receiving  proof  of  probable  cause 
for  believing  in  the  concealment  of  any  food  or  dairy  products  or  substitutes 
therefor,  or  imitations  thereof,  kept  for  sale  or  for  a  purpose,  or  had  in  possession 
or  under  control,  contrary  to  th->  provisions  of  this  act.  or  other  laws  which  now 
exist  or  may  bo  hereafter  enacted,  shall  issue  a  search  warrant  and  cause  a  search 


64 

to  be  made  in  any  place  therefor,  and  to  that  end  may  cause  any  building,  enclos- 
ure, wagon,  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker,  tub.  jar, 
crate,  basket,  or  package  to  be  broken  open  and  the  contents  thereof  examined. 

SEC.  23.  All  such  warrants  shall  be  directed  to  said  commissioner, 
or  assistant  commissioners,  or  any  inspector  or  agent  appointed 
pursuant  to  law,  or  the  sheriff  or  constable,  commanding  such  commissioner, 
assistant  commissioners,  inspector,  agent,  or  officer  to  search  the  house  or  place 
where  such  food  or  dairy  product  or  substitute  therefor  or  imitation  thereof  for 
which  he  is  required  to  search  is  believed  to  be  concealed,  which  place  and  the 
property  to  be  searched  for  shall  be  designated  in  the  warrant,  and  to  bring  such 
food  or  dairy  product,  or  substitutes  therefor  or  imitations  thereof,  when  found, 
and  the  person  in  whose  possession  the  same  is  found,  before  the  magistrate  who 
issued  the  warrant,  or  before  some  other  court  or  magistrate  having  jurisdiction 
of  the  case. 

SEC.  24.  When  the  officer  in  the  execution  of  any  search 
Disposition  of  seized  goods.      warrant  issued  under  thig  act  finds  and  geizes  an^  fof)d  or 

dairy  product,  or  substitute  therefor  or  imitation  thereof,  all  the  property  or  things 
so  seized  shall  be  safely  kept  by  the  direction  of  the  court  or  magistrate  so  long  as 
is  necessary  for  the  purpose  of  being  produced  in  evidence  in  any  trial,  and  on 
such  trial,  it  being  found  that  such  food  or  dairy  product,  or  any  substitute  there- 
for or  imitation  thereof,  is  being  kept  for  sale  or  for  a  purpose,  or  held  in  posses- 
sion or  under  control,  contrary  to  the  provisions  of  this  act,  or  other  laws  which 
now  exist  or  may  be  hereafter  enacted,  the  court  shall,  in  addition  to  the  other 
penalties  prescribed  by  this  act.  order  that  said  property  be  forfeited  to  the  State 
of  Minnesota,  and  shall  order  the  same  sold  for  any  purpose  other  than  to  be  used 
for  food,  and  the  proceeds  thereof  paid  into  the  State  treasury  and  placed  to  the 
credit  of  the  State  Dairy  and  Food  Commissioner's  fund.  The  Dairy  and  Food 
Commissioner,  his  agent  or  inspector  is  authorized  to  take  samples  from  products 
seized  for  the  purpose  of  analysis. 

„_  SEC.  2o.  No  person  shall  efface,  erase,  cancel,  or  remove  any 

mark,  statement,  or  label  provided  for  by  this  act  with  the 
intent  to  mislead,  deceive,  or  to  violate  any  provisions  of  this  act. 

SEC.  26.  No  action  shall  be  maintained  on  account  of  any 
lou-     sale,  or  other  contract  made  in  violation  of,  or  with  intent 
to  violate,  any  provisions  of  this  act. 

SEC.  27.  The  doing  of  anything  prohibited,  and  the  not  doing 
'    of  anything  directed  to  be  done  by  this  act,  shall  be  prima 
facie  evidence  of  a  willful  intent  to  violate  the  different  sections  and  provisions 
hereof. 

SEC.  28.  In  all  prosecutions  arising  under  this  act  the  certificate  of  the  chemist 
making  the  analysis,  when  duly  sworn  to  by  such  analyst,  shall  be  prirna  facie 
evidence  of  the  fact  or  facts  therein  certified. 

SEC.  29.  All  moneys  received  from  license 
Fees,  floes,  etc.,  go  to  comm.ss.oner's  fund.      feeg    ^   fineg  c?]^cted  f Qr  the  violation  of 

laws  relating  to  food  or  dairy  products,  their  imitations  or  substitutes,  and  the 
proceeds  from  all  goods  confiscated  and  sold  under  the  provisions  of  this  act  and 
other  laws  relating  to  dairy  or  food  products,  their  imitations  or  substitutes,  shall 
be  paid  into  the  State  treasury  and  placed  to  the  credit  of  the  Dairy  and  Food 
Commissioner's  fund. 

SEC.  30.  Whoever  violates  any  of    the  provisions  of  this    act  shall  be 

a  y'    guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 

for  each  offense  by  a  fine  of  not  less  than  twenty-five  nor  more  than  one  hundred 

dollars,  or  by  imprisonment  of  not  less  than  thirty  days,  nor  more  than  ninety 

days. 

B  SEC.  31.  Chapter  11,  General  Laws  of  1891,  and  all  acts  and  parts  of  acts 

inconsistent  with  the  provisions  hereof  are  hereby  repealed. 

SEC.  32.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
In  effect. 

passage. 

GENERAL  LAWS  1899,  Chapter  257. 

AN  ACT  to  prevent  the  use  of  chemical  agents  as  preservatives  in  milk,  cream,  cheese,  and 
butter.     (Approved  April  18,  1899.) 

Use  of  preserratires  prohibited.     SECTION  1    Any  person,  firm,  or  corporation  who  shall 

sell,  or  offer  for  sale,  or  consign,  or  have  in  his  pos- 


65 

session  with  intent  to  sell  to  any  person  or  persons,  any  milk,  cream,  butter,  cheese, 
or  any  other  dairy  products,  or  who  shall  deliver  to  any  creamery  or  cheese  fac- 
tory, milk  or  cream  to  be  manufactured  into  butter  or  cheese  to  which  has  been 
added  any  preparation  in  powdered  or  liquid  form,  known  as  preservatives,  or 
any  other  compounds  containing  antiseptics,  shall  be  deemed  guilty  of  a  tuisde- 
Penalt       meanor,  and  upon  conviction  therefor  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 
This  shall  not  be  construed  to  prohibi  c  the  use  of  salt  in  butter. 

,  SEC.  2.  The  State  Dairy  and  Food  Commissioner  and  his 

'    assistants,  experts,  and  chemists.by  him  appointed,  shall  be 
charged  with  the  proper  enforcement  of  all  the  provisions  of  this  act. 

„  a  fl    ,       SEC.  3.  In  all  prosecutions  under  this  act  the  costs  shall  be  paid  in 

the  manner  now  provided  by  law.  and  the  fines  resulting  there- 
from shall  be  paid  into  the  State  treasury  and  placed  to  the  credit  of  the  State 
Dairy  and  Food  Commissioner's  Fund. 

ineffe         ^EC'  "*'  This  act  8na^  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

GENERAL,  LAWS  185*9,  Chapter  94. 

AN  ACT  to  prevent  fraud  in  the  branding  and  sale  of  process  and  renovated  butter.    (Ap- 
proved March  23, 1899. 

SECTION   1.    No  person,   firm,   corporation, 
Batter  from  meH^pacWng  stock,  etc.,  to     &gent    Qr  employe  ghall  manufacture,    sell, 

offer  or  expose  for  sale,  in  this  State,  any 

butter  that  is  produced  by  taking  original  packing  stock  butter,  or  other  butter, 
or  both,  and  melting  the  same  so  that  the  butter  fat  can  be  drawn  off  or  extracted, 
then  mixing  the  said  butter  fat  with  skimmed  milk,  or  milk,  or  cream,  or  other 
milk  product,  and  rechurning  or  reworking  the  said  mixture,  or  that  produced 
by  any  process  that  is  commonly  known  as  boiled,  process  or  renovated  butter, 
unless  the  same  is  branded  or  marked  as  provided  in  section  '2  of  this  act. 

"Be  d  b  "  ^KC>  *'  ^°  Person'  nrm>  corporation,  agent,  or  employe  shall 
sell,  offer  or  expose  for  sale,  or  deliver  to  purchaser,  any  boi.ed, 
process  or  renovated  butter,  as  denned  in  section  1  of  this  act.  unless  the  words 
"  Renovated  Butter"  shall  be  plainly  branded  with  Gothic  or  bold-faced  letters  at 
least  three-fourths  of  an  inch  in  length,  on  the  top  and  sides  of  each  tub  or  box  or 
pail,  or  other  kind  of  a  case  or  package,  or  on  the  wrapper  of  prints  or  rolls  in 
„.  d  which  it  is  put  up.  If  such  butter  is  exposed  lor  sale  uncovered,  or  not 
in  a  case  or  package,  a  placard  containing  the  label  so  printed  shall  be 
attached  to  the  mass  of  but'er  in  such  manner  as  to  easily  be  seen  and  read  by  the 
purchaser. 

The  branding  or  marking  of  all  packages  shall  be  in  the  English  language,  and 
in  a  conspicuous  place,  so  as  to  be  easily  seen  and  read  by  the  purchaser. 

SEC.  3.  The  State  Dairy  and  Food  Commissioner  and  his 
rce-  assistants,  experts,  and  chemists,  by  him  appointed,  shall 
be  charged  with  the  proper  enforcement  of  all  the  provisions  of  this  act.  When 
complaint  is  made  by  the  said  Da:ry  and  Food  roinmissioner,  his  assistants, 
employes,  and  chemists,  or  by  any  other  person  authorized  by  the  said  Dairy  and 
Food  Commissioner,  security  for  costs  shall  not  be  required  of  the  complainant 
in  any  case  at  any  stage  of  the  prosecution  on  trial. 

„      ,.       SEC.  4.  Whoever  violates  any  of  the  provisions  of  this  act  shall  be  deemed 
'     guilty  of  a  misdemeanor,  and  shall  for  each  offense,  upon  conviction 
thereof,  be  subject  to  u  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
fifty  dollars  and  costs,  or  by  imprisonment  not  to  exceed  two  months. 

SEC.  5.  The  said  commissioner  and  his  assistants,  experts,  chem- 
ists and  agents,  he  shall  duly  authorize  for  the  purpose,  shall 
have  access  and  ingress  to  all  places  of  business,  factories,  stores,  and  buildings 
used  for  the  manufacture  or  sale  of  butter.  They  also  shall  have  power  and 
authority  to  open  any  tub,  box.  pail,  or  other  kind  of  case  or  package,  containing 
any  butter  that  may  be  manufactured,  sold,  or  exposed  for  sale,  in  violation  of  the 
provisions  of  this  act. 

in  effect      ^Kr'  ®'  This  ac^  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

10034— No.  L>0— 00 5 


66 

PROVISION  OK  THE  PENAI,  CODE. 

SEC.  331  (section  6625,  Statutes  1894).     A  person  who  either — 

1.  With  intent  that  the  same  mav  be  sold  as  unadulter- 

Adultrration  ot  food  or  drink.         ,     •,  J       ... 

ated  or  undiluted,  adulterates  or  dilutes  wine,  milk, 

distilled  spirits,  or  malt  liquor,  or  any  drug,  medicine,  food,  or  drink,  for  man  or 
beast:  or, 

2.  Knowing  that  the  same  has  been  adulterated  or 
bale  of  adulterated  food  or  dnnk.      ^^  off*rs  for  ^  Qr  ^  the  game  ag  unadulter. 

ated  or  undiluted,  or  without  disclosing  or  informing  the  purchaser  that  the  same 
has  been  adulterated  or  diluted,  in  a  case  where  special  provision  has  not  been 
otherwise  made  by  statute  for  the  punishment  of  the  offense, 

Misdemeanor.     — Is  guilty  of  a  misdemeanor. 

MISSISSIPPI.    ' 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  023  and  624,  for — 

Laws  of  1882.  chapter  50  (sections  1-3). — An  act  to  regulate  the  sale  of  oleomar- 
garine and  to  promote  the  public  health.  (Approved  March  9,  1882.) 

Privilege  taxes  and  other  revenue  laws  in  force  1898.  chapter  5  (one  section). — 
An  act  creating  privilege  taxes  on  certain  industries  in  Mississippi,  and  repealing 
all  laws  in  conflict  with  same. 

Annotated  Code  of  1892,  section  1187  (2912). — Concerning  the  treatment  of  the 
cow  of  another. 

MISSOURI. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  624-627,  for — 

Laws  of  1891,  page  163  (sections  1  and  2). — An  act  to  empower  cities  and  towns, 
by  ordinance,  to  license  and  regulate  milk  dairies  and  the  sale  of  milk,  and  provide 
for  the  inspection  thereof,  and  to  repeal  an  act  entitled  ''An  act  to  prevent  the 
adulteration  of  milk  and  cream  in  all  cities  that  now  have  or  may  hereafter  have 
a  population  of  three  hundred  thousand  inhabitants  or  over,"  approved  June  14. 
1889.  (Approved  April  18,  7891.) 

Laws  of  1897.  page  104  (sections  1-8). — An  act  requiring  the  branding  or  label- 
ing of  skim-milk  cheese  when  offered  for  sale.  (Approved  March  24.  1897.) 

Revised  Statutes  of  1889.  sections  3885  and  388(5  (Revised  Statutes  1899,  sections 
2276  and  2277). — Concerning  butter  and  cheese  substitutes. 

Laws  of  1895.  page  26  (sections  1-12). '—An  act  prohibiting  the  coloring  yellow 
of  any  substance  designed  to  be  used  as  a  substitute  for  butter:  to  prohibit  the 
manufacture,  sale,  keeping  for  sale,  and  fraudulent  use  of  substances  designed  as 
imitation  butter;  to  regulate  the  manufacture,  sale,  and  keeping  for  sale  of  any 
substance  designed  to  be  used  as  a  substitute  for  butter,  and  making  an  appro- 
priation for  carr ying  out  the  provisions  of  this  act.  (Approved April  19, 1895. ) 

MONTANA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  627  and  628,  f  01-— 

Codes  and  Statutes,  Penal  Code,  1895.  sections  684-686  and  1095,  and  Political 
Code,  section  4064. — Concerning  substitutes  for  butter  and  cheese,  and  care  of 
cows. 

NEBRASKA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  628-632,  for— 

Compiled  Statutes,  1897,  part  3,  chapter  22,  6898  (section  234).— Concerning 
impure  milk. 

1  Appropriation  for  enforcing  this  act  in  years  1899  and  1900,  $5,000. 


67 

Compiled  Statutes,  1897,  part  3.  chapter  23,  6927-6940  (sections  245k-249n).— 
Concerning  impure  milk  and  imitations  of  butter  and  cheese. 

General  Laws  of  1897.  chapter  99  (sections  1-5). — An  act  to  provide  against  the 
adulteration  of  food,  prohibiting  the  sale,  or  offering  for  sale,  of  adulterated  food 
and  providing  a  penalty  for  the  violation  thereof.  (Approved  April  12,  1897.) 

Recently  enacted: 

LAWS  OF  1899,  Chapter  35. » 

AN  ACT  creating  a  Food  Commission:  defining  its  powers  and  duties  and  of  the  officers  and 
agents  thereof :  regulating  the  manufacture  and  sale  of  foods  including  "imitation  butter" 
and  "imitation  cheese  "  and  dairy  products:  providing  for  a  system  of  reports,  inspection  and 
permits  and  fixing  fees  for  the  same:  providing  penalties  for  violations  of  this  act;  making  an 
annual  appropriation  for  carrying  this  act  into  effect;  and  repealing  all  acts  and  parts  of  acts 
in  conflict  herewith,  t.  Approved  April  3, 1899.) 

Foodc«n,n,i88ion;  office.     Sl??™N  *'  Th«re  is^ hereby  created   a  Food  Commission 
with  headquarters  at  the  Capitol,  for  which  office-room, 

stationery,  postage,  expressage,  printing,  and  other  usual  facilities  for  transact- 
ing business  shall  be  furnished,  the  same  as  for  other  executive  departments. 

SEC.  2.  The  Governor  of  this  state  is  hereby  made  the 

Ip^ntsdepi'JyrsaUo.811      Food  Commissioner  of  said  Commission.  "Said  Food 
Commissioner  shall  have  the  power  to  appoint  a  Deputy 

Food  Commissioner  at  a  salary  of  Fifteen  Hundred  Dollars  ($1500.00)  per  annum, 
payable  monthly,  together  with  his  expenses  actually  and  necessarily  incurred  in 
discharging  the  duties  of  his  office. 

It  is  further  provided  that  a  complete  and  itemized  account  of 
'    all  expenses  shall  be  kept  by  said  Deputy  Food  Commissioner 
and  filed  monthly  with  the  Auditor  of  Public  Accounts  after  .being  duly  verified 
by  him. 

Said  Deputy  Food  Commissioner  shall  hold  his  office  at  the  pleasure  of  the 
Governor,  and  when  acting  for  and  instead  of  said  Food  Commissioner,  shall  and 
may  exercise  equal  power  and  authority  subject  to  the  approval  of  said  Food 
Commissioner. 

The  Deputy  Food  Commissioner  so  appointed  shall  be  a  person  of 
recognized  standing,  experience,  ability  and  knowledge  in  and  con- 
cerning dairy  and  other  food  products. 

B  d  r d  t  ^Ec'  ^'  "^ne  sa*d  Deputy  Food  Commissioner  shall,  before  entering 
upon  the  discharge  of  his  duties,  give  a  bond  in  the  sum  of  Three 
Thousand  ($3,000)  Dollars  with  sureties  as  provided  by  law.  to  be  approved  by 
the  Governor  and  conditioned  for  the  faithful  discharge  of  his  duties  and  the 
a  counting  for  all  money  and  other  property  that  may  come  into  his  hands  by 
virtue  of  his  office. 

.,.    .       The  said  Deputy  Food  Commissioner  may  employ  a  clerk,  if  found  neces- 
sary, whose  salary  shall  not  exceed  Seventy-five  Dollars  ($75)  per  month. 
.        .          .      The  said  Deputy  Food  Commissioner  shall  make  an  annual  report 
to  the  Governor,  same  as  other  State  officers,  on  or  before  the  first 
day  of  November,  of  each  year,  giving  in  a  concise  manner,  in  said  report,  a  full 
statement  of  the  condition  of  the  food  and  dairy  interests  of  the  State,  and  making 
such  recommendations  as  he  may  deem  best  to  improve  the  same,   including 
receipts  and  disbursements  of  his  office;  and  such  report  shall  be  printed  and  pub- 
lished and  distributed  same  as  reports  of  other  State  officers. 

SEC.  -i.  The  said  Food  Commission,  through  its  duly  accredited 
'  officers,  shall  lie  charged  with  the  enforcement  of  this  act  and 
all  other  acts  and  laws  heretofore  passed,  or  that  may  hereafter  be  passed,  con- 
cerning butter,  cheese,  "imitation  butter."  "imitation  cheese.'1  milk  and  cream, 
vinegar,  cider,  and  all  laws  concerning  dairy  products,  cider  or  vinegar,  or  any 
imitation  or  adulteration  thereof. 

The  said  Food  Commissioner  shall  have  control 
to.tn.1  of  .Ilk  tr.t.  ..d  ,l.nd,rds.     ^  ^  ^.^  Qf  ^^  ^  and  ^ream  in  the 

State  of  Nebraska,  on  the  farm,  in  the  factory,  skimming  station,  milk  or  cream 
depot,  mili<  or  cream  wagon,  or  any  otner  place  where  milk  or  cream  is  bought  or 
sold,  and  may  make  such  regulations  concerning  the  subject  of  testing  milk  and 


1  Practical  oj>eratipiis  under  thin  act  have  l>een  nullified,  as  the  salary  of  the  deputy  commis- 
sioner can  not  bo  jMUd.  U-catise  the  act  contravenes  a  section  in  the  constitution  providing  that 
bills  making  appropriations  for  salaries  shall  contain  no  provisions  on  other  subjects. 


C>8 

cream  as  he  may  deem  reasonable  and  just,  and  shall  have  power  to  establish  a 
minimum  standard  of  butter  fat  in  milk  and  cream. 

The  said  Food  Commis  ion  and  its  duly  accredited  officers, 

Authority  for  inspections.  ,     •,,  ,        -,    ,  ,  ,,       ,,  J 

such  as  shall  be  duly  authorized  for  the  purpose,  shall  have 

full  access,  ingress,  and  egress  to  all  creameries,  cheese  factories,  skimming  sta- 
tions, cider  manufactories,  vinegar  manufactories,  farms,  buildings,  carriages, 
cars,  vessels,  packages,  or  cans,  used  in  the  manufacture  or  sale  of  any  dairy  prod- 
uct. cider  or  vinegar,  or  any  imitation  thereof.  They  shall  also  have  power  and 
authority  to  open  any  package,  can.  or  vessel  containing  such  dairy  product,  cider 
or  vinegar,  or  any  imitation  or  adulteration  thereof  which  they  may  have  reason 
to  believe  may  be  manufactured,  sold,  or  exposed  for  sale  in  violation  of  the  provi- 
sions of  this  act  or  other  acts  in  relation  thereto,  and  may  inspect  the  contents 
41..  e  is  therein,  and  may  take  therefrom  samples  for  analysis,  and  have 
the  same  analyzed  by  a  competent  chemist,  for  which  the  chem- 
ist shall  l>e  allowed  a  reasonable  fee  not  to  exceed  Five  Dollars  ($o.OU)  lor  each 
analysis,  and  the  findings  of  such  chemist  shall  be  taken  prirna  facie  evidence  in 
court,  and  in  all  prosecutions  under  this  act  when  such  analysis  has  been  made 
and  given  in  evidence,  the  said  fees  and  expenses  ot  the  chemist  making  the  same, 
Penalty  sna'l  be  taxed  as  costs  in  the  case,  the  same  as  other  costs  are  taxed.  All 
persons  knowingly  violating  this  act  shall  be  dealt  with  as  provided  in 
this  act. 

SEC.  5.  Every  person,  firm,  or  corporation  in  this 
Imitation  butter  a^cheese,  reports  on     gt?te  manufacturing    Or  dealing,  excepting  re- 

tailer   in    "imitation    butter"    or    "imitation 

cheese"  or  both,  shall,  on  or  before  the  tenth  day  of  each  month,  on  blanks  pro- 
vided by  said  Food  Commissioner,  make  a  report  in  writing  to  said  Food  Commis- 
sioner, showing  the  amount  of  ''  imitation  butter"  or  "imitation  cheese"  or  both, 
sold  by  them  during  the  preceding  month,  size  of  packages  used,  to  whom  and 
when  sold,  business  location  of  the  purchaser,  amount  of  "imitation  butter  "or 
"imitation  cheese"  or  both  on  hand  at  the  close  of  the  month's  business,  and 
such  other  items  and  facts  as  may  be  required  by  said  Food  Commissioner,  veri- 
fying the  same  under  oath  and  specifying  particularly  that  they  have  complied 

with  all  the  State  laws  in  regard  to  such  ''imitation 
Retailers  not  retired  to  report.     bntter»  Qr   ,.  imltatioll  cheese  "  or    both,   as  the  case 

may  be:  Provided,  That  the  retailer  shall  not  be  required  to  state  to  whom  sold 
nor  location  of  purchaser. 

n  „  ...  SEC.  6.  Every  person,  firm,  or  corporation  who  in  any  manner  pro- 

'     duces  "imitation  butter"  or  "imitation  cheese"  or  both,  as  the  same 
is  now  defined,  or  may  hereafter  be  defined  in  the  stat- 
Manufacturers  of  mutations.  Qf  this  ^aie,  shafl  be  considered  a  manufacturer  of 


"  imitation  butter  "  or  "  imitation  cheese  "  or  both. 

Every  person,  firm,  or  corporation  who  sells  or  offers 
Wholesale  dealer  in  imitations.    for  ^  Qr  hag  -n  hig  pos^ession  for  sale  ..imitation 

butter"  or  "  imitation  cheese  "  or  both,  as  the  same  is  now  defined  in  the  statutes  of 
this  State,  or  hereafter  may  be  defined,  in  packages  containing  ten  pounds  or  more, 
shall  be  deemed  a  wholesale  dealer  in  "imitation  butter  "or  "imitation  cheese" 
or  both,  as  the  case  may  be. 

Every  person,  firm,  or  corporation  who  sells  or  offers  for 
Retail  dealer  in  imitations,    g^^^  in  nis  possession  for  sale  "imitation  butter  " 

or  "imitation  cheese"  or  both,  as  the  same  is  now  defined  or  may  hereafter  be 
defined  in  the  statutes  of  this  State,  in  packages  containing  less  than  ten  pounds 
each,  shall  be  deemed  a  retail  dealer  in  "  imitation  butter  "  or  "  imitation  cheese  " 
or  both. 

Every  person,  firm,  or  corporation  buying,  reworking, 

Manufacturer  of  ladle  butter.  and  ^a|ldiingtiie  product  commonly  known  and  called 
"  store  ''or  "  dairy  "  butter,  and  making  out  of  the  same  what  is  generally  known 
and  termed  "ladle"  or  "factory"  butter,  shall  be  deemed  a  manufacturer  of 
"ladle"  butter. 

Every  person,  firm,  or  corporation  buying  and 

Wholesale  dealer  in  bntter  and  cheeae.    Sem/g  Vtter  and  cheese  or  both,  in  original 
packages  not  of  his  own  production,  whether  on  commission  or  otherwise,  shall 
be  deemed  a  wholesale  dealer  in  butter  or  cheese  or  both,  as  the  case  may  be. 
******* 

For  the  purposes  of  this  act,  a  creamery  shall  be  defined  as  "  factory 
1er}  '    where  cream  from  milk  with  or  without  the  addition  of  salt  and  color- 
ing matter  is  churned  into  butter." 


69 

Cheese  factor  -     ^  c^eese  factory  shall  be  defined  as  "  a  factory  where  milk  with 
or  without  the  addition  of  salt,  rennet,  and  coloring  matter,  is  manu- 
factured into  cheese." 

Skimmin*  station.    ^  '  '  Dimming  station  -  shall  be  defined  as  <  '  a  place  where  milk, 
from  not  less  than  five  patrons,  is  skimmed  by  machinery  and  the 
cream  resulting  therefrom  is  taken  to  a  creamery  to  be  churned." 

SEC.  7.  It  shall  be  unlawful  for  any  manufac- 
Permit  necessary  to  make  or  sell  imita-  turer)  wholesale  or  retail  dealer  in  "imitation 

butter"  or  "imitation  cheese  "or  both,  to  enter 

upjpn  or  engage  in  the  business  of  producing,  manufacturing,  handling,  or  having 
in  his  possession  for  sale,  or  selling  ''imitation  butter"  or  "imitation  cheese"  or 
both,  without  first  procuring  from  said  Food  Commissioner  an  annual  permit,  said 
permit  describing  the  occupation  and  place  of  business  of  the  person,  firm,  or 
corporation  receiving  the  same,  and  conditioned  on  a  faithful  observance  of  the 
laws  of  the  State  by  him. 

Provided,  That  any  manufacturer  of  "imitation  but- 
Some  manufacturer*  excepted.     ^    or    '„  jmitat|oj    cheese,-    of  both     who    ge]ls  on]y 

"imitation  butter"  or  "imitation  cheese"  or  both,  of  his  own  production  at  the 
place  of  manufacture  in  the  original  packages  shall  not  be  required  to  take  out  a 
permit  as  a  wholesaler. 

It  shall  be  unlawful  for  anv  person,  firm,  or 

Permit  required  to  make  ladle  butter  or  to     f.nmnrotir,,,   fn  Trinrmfu^rnrp   •'  lar)lp  '   hntfor 
make  or  sell  butter  or  cheese.  ire.. 

or  to  carry  on  the  business  or  manufacturing 

"ladle"  butter  or  to  carry  on  business  as  a  wholesale  dealer  in  butter  or  cheese 
or  both  *  :  *  or  to  operate  any  creamery  or  cheese  factory  or  skimming  sta- 
tion, or  to  do  any  business  in  producing,  manufacturing,  handling,  or  selling  the 
product  so  made,  without  first  procuring  from  said  Food  Commissioner  an  annual 
permit,  said  permit  describing  the  occupation  and  place  of  business  of  the  person, 
firm,  or  corporation  receiving  the  same  and  conditioned  on  a  faithful  observance 
of  the  laws  of  the  State  by  him. 

All  applications  for  permits  under  this  act  shall  be  in  writ- 
Applications  for  permits.    ing  .^(lressed  t()  tne  said  Food  commissioner,  verified  by 

the  applicant,  stating  that  after  this  act  shall  become  a  law  he  has  not  violated 
any  of  the  provisions  of  this  act. 

It  is  further  provided  that  the  said   Food  Commission 

Authority  for  mspections.  through  its  accredited  officers  shall  have  the  right  at  any 
and  all  times  to  inspect  the  premises,  methods,  and  processes  of  any  creamery, 
cheese  factory,  skimming  station,  station,  manufacturer  of  ladle  butter,  whole- 
sale dealer  in  butter  or  cheese  or  both,  '  manufacturer  of  "imitation 

butter"  or  "imitation  cheese"  or  both,  who  esale  dealer  or  retail  dealer  in  "imi- 
tation butter"  or  "  imitation  cheese"  or  both,  within  this  State,  within  the  pro- 
visions of  this  act  or  other  acts  relating  to  dairy  products,  cider  or  vinegar,  or 
any  imitation  or  adulteration  thereof. 

SEC.  8.  For  said  permits  and  the  services  performed 

Charge  for  permits  and  motions.  ln  connection  therewith,  including  the  inspection 
as  provided  by  this  act.  there  shall  be  charged  and  collected  annually  as  follows: 
From  each  manufacturer  of  "imitation  butter  "or  "imitation  cheese  "the  sum 
of  One  Hundred  Dollars  (>ilOJ.OO);  from  each  wholesale  dealer  in  "  imitation  but- 
ter" or  "imitation  cheese.''  Fifty  Dollars  (§50.00):  from  each  retail  dealer  in 
"imitation  butter  "or  "imitation  cheese,"  Twenty-five  Dollars  ($2.">.00i:  ' 
from  each  creanrry.  Ten  Dollars  (§10.00);  from  each  cheese  factory.  Ten  Dollars 
($10.00);  from  each  skimming  station,  One  Dollar  (§1.00i:  from  each  manufac- 
turer of  "ladle"  butter.  Fifteen  Dollars  ($!•">.  00);  and  from  each  wholesale  dealer 
in  butter  or  cheese.  Ten  Dollars  (§10.00*.  payable  in  each  and  every  case  into  the 
Treasury  of  the  State  of  Nebraska,  as  provided  by  law.  in  advance  of  the  issuance 
of  said  permit. 

SKC.  i).  If  any  i>erson.  firm,  or  corporation  to  whom 
llerocatlon  of  permit  for  violation.  .  .  convicte(,  ()f  ft 


wilful  violation  of  any  of  the  provisions  of  this  act.  such  conviction  shall  there- 
upon "  ipso  facto"  work  a  revocation  of  such  permit  and  the  same  shall  hereafter 
l>e  held  and  deemed  null  and  void. 


couaty  .ttomeyn  t,,  prone™.,.    SEC-  10;  l}  ?£""  *"  ^^  Pf  .a11  ^}n^  attorneys  on 
request  of  tho  Food  Commissioner  t  >  represent  and 

prosecute,  on  behalf  of.  the  State  within  their  respective  counties,  all  offenses  aiis- 
ing  under  the  provisions  of  this  uct. 


70 

p  .,  SEC.  11.  Any  person,  firm,  or  corporation  violating  any  provision  of  this 
y'  act  shall  be  deemed  guilty  of  a  mis  lemeanor  and  on  conviction  thereof 
shall  be  punished  for  each  offense  by  a  fine  of  not  less  than  Ten  Dollars  (§10.00) 
nor  more  than  One  Hundred  Dollars  ($100. 00). in  the  discretion  of  the  court.  It 
is  further  provided  that  each  day's  failure  in  taking  out  the  permit  described 
above,  shall  constitute  in  each  of  the  above  cases  a  separate  and  distinct  offense. 

.  ..         SEC.  12.  There  is  hereby  annually  appropriated  out  of  the  funds  of 

the  State  not  otherwise  appropriated,  for  the  purpose  of  carrying 

into  effect  the  provisions  of  this  act.  the  sum  of  Five  Thousand  Dollars  ($5,000100) : 

Provided.  Thar  the  amount  paid  out  shall  in  no  case  exceed  the  amount  received 

by  the  State,  as  provided  for  in  this  act. 

Kepeal.   SEC.  13.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

NEVADA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  63:?  and  633,  for — 

General  Statutes.  1885  (Baily  and  Hammond),  4801-4805  (sections  1-5). — An 
act  to  prevent  the  adulteration  of  milk  and  to  prevent  traffic  in  impure  and 
unwholesome  milk.  (Approved  February  17,  1.^79.  36.) 

General  Statutes,  1885  (Baily  and  Hammond),  4806-4809  (sections  1-4),  Supple- 
ment.— Concerning  milk  inspector.  (Approved  February  26,  1881.  79.) 

General  Statutes,  1885  (Baily  and  Hammond),  4810-4812  (sections  1-3). — An 
act  to  punish  and  prevent  deception  in  the  manufacture  and  sale  of  butter. 
(Approved  February  4,  1881.  24.) 

NEW  HAMPSHIRE. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  (533-036,  for — 

Public  Statutes,  1891,  chapter  127  (sections  1-24). — Concerning  milk  inspectors, 
licenses,  milk  standards,  etc. 

Laws  of  1893.  chapter  37  (sections  1  and  2). — An  act  in  amendment  of  chapter 
127  of  the  Public  Statutes  relating  to  the  sale  of  adulterated  butter,  oleomargarine, 
and  imitation  cheese.  (Approved  March  23,  1893.) 

Laws  of  1895,  chapter  115  (sections  1-4). — An  act  in  amendment  of  chapter  127 
of  the  Public  Statutes  relating  to  the  sale  of  adulterated  butter,  oleomargarine, 
and  imitation  cheese.  (Approved  March  29,  1895.) 

Recently  enacted : 

LAWS  OF  1899,  Chapter  58. 

AN  ACT  providing  additional  duties  for  the  State  Board  of  Agriculture.     (Approved  March  9, 

1899. ) 

SECTION*  1.  It  shall  be  the  duty  of  the  State 

State  board  of  agr.cu.ture  shall  enforce.      ^^  Qf  agriculture  to  cauge  flj  provislons  of 

chapter  115  of  the  laws  of  1895  relating  ••  to  the  sale  of  adulterated  butter,  oleo- 
margarine, and  imitation  cheese,"  to  be  enforced. 

NEW  JERSEY. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  636-650,  for — 

Public  Laws  of  1865,  chapter  275  (section  1).  (= General  Statutes,  1895,  Dairy, 
section  3). — An  act  to  protect  butter  and  cheese  manufacturers.  (Approved 
March  23,  18(55. ) 

Public  Laws  of  1882,  chapter  82  (sections  1-11).  (=General  Statutes,  1895, 
Dairy,  sections  33-43). — An  act  to  prevent  the  adulteration  and  to  regulate  the 
sale  of  milk.  (Approved  March  14,  1882.) 


71 

Public  Laws  of  1884,  chapter  90  (sections  1-5).  (=General  Statutes.  1895, 
Dairy,  sections  44-48.) — Supplement.— Concerning  trial  by  jury.  (Approved 
April  -2,  1884.) 

Public  Laws  of  1886,  chapter  186  (1  section.;*  (=General  Statutes,  1895,  Dairy, 
section  49.) — Supplement. — Concerning  dairy  commissioner.  (Approved  Feb- 
ruary 20,  1886.) 

Public  Laws  of  1887,  chapter  2  (1  section).  (—General  Statutes,  1895,  Dairy, 
section  50.) — Supplement. — Concerning  milk  analysis.  (Approved  February  24, 

1887.) 

Public  Laws  of  1888,  page  461  (section  2)  (=  General  Statutes,  1895.  Agricul- 
ture, section  81). — An  act  to  provide  for  the  construction  of  a  State  laboratory  tor 
the  State  Agricultural  Experiment  Station.  (Approved  April  ^'6,  1888.) 

Public  Laws  of  1891,  chapter  210  (sections  1-4)  (^General  Statutes.  1895. 
Dairy,  sections  51-54).  Supplement. — Concerning  milk  testing.  (Approved 
April  14,  1891.) 

Public  Laws  of  1883,  chapter  185  (sections  1  and  2)  (^General  Statutes,  1895, 
Dairy, sect  ons  t>~>  and  66). — An  act  to  prohibit  the  sale  of  adulterated  and  skimmed 
milk  in  cities  of  this  State.  (Approved  March  23,  1» v>.  > 

Public  Laws  of.  1883,  chapter  68  (sections  1-10)  (^General  Statutes,  1895.  Dairy, 
sections  55-64). — An  act  for  the  protection  of  producers  and  shippers  of  milk. 
(Approved  March  8,  1883.) 

Public  Laws  of  1891, chapter 25?  (sections  1-7)  (=General  Statutes,  1895,  Dairy, 
sections  67-73).— An  act  in  relation  to  milk  cans.  (Approved  April  16,  1891.) 

Public  Laws  of  1864.  chapter  370  (sections  1  and  2)  (=General  Statutes.  1895, 
Dairy,  sections  1  and  2;. — An  act  to  regulate  the  tare  of  butter  and  cheese  firkins, 
tubs,  and  vessels.  (Approved  April  ;,  1864.) 

Public  Laws  of  1886,  chapter  84  (sections  1-20)  (= General  Statutes.  1895.  Dairy, 
sections  4-22). — An  act  to  prevent  deception  in  the  sale  of  oleomargarine,  butter- 
ine,  or  any  imitation  of  dairy  products,  and  to  preserve  the  public  health. 
(Approved  March  22,  1886.) 

Public  Laws  of  1887,  chapter  149  (sections  1-6)  (=General  Statutes,  1895.  Dairy, 
sections  23-28).  Supplement. — Concerning  oleomargarine  and  additional  duties 
of  dairy  commissioner.  (Approved  April  21,  1887.) 

Public  Laws  of  1895.  chapter  332  (sections  1  and  2)  (=  General  Statutes,  1895, 
Dairy,  sections  29  and  30).  Supplement. — Concerning  imitation  butter.  (Ap- 
proved March  25,  1895. ) 

Public  Laws  of  1895.  chapter  418  (sections  1  and  2)  (—General  Statutes,  1895, 
Dairy,  sections  31  and  32). — An  act  relative  to  the  dairy  commissioner.  (Ap- 
proved June  13,  1895.) 

Public  Laws  of  1893.  chapter  207  (sections  1-4)  (—General  Statutes.  1895,  ani- 
mals, sections  113-115). — Supplement  to  an  act  entitled  "An  act  concerning  con- 
tagious and  infectious  diseases  among  animals,  and  to  repeal  certain  acts  relating 
thereto,"  approved  April  4,  1886.  (Approved  March  16,  1893.) 

Public  Laws  of  1881,  page  283  (sections  1-8)  (  —  General  Statutes,  1895.  Dairy, 
sections  74-81 ). — An  act  to  prevent  the  adulteration  of  food  or  drugs.  (Approved 
March  25,  1881.) 

Public  Laws  of  1883.  page  185  (sections  1-10)  (^General  Statutes.  1895.  Dairy, 
sections  8.'-yo).  Supplement. — Concerning  adulterated  food  and  inspectors. 
(Approved  March  23,  1883.)  [Section  7  of  this  act  is  repealed  by  section  2  of 
Public  Laws  of  1895,  chapter  418J  (—General  Statutes,  1895,  Dairy,  sections  31 
and  32. ) 

Public  Laws  of  1H97.  supplement  to  chapter  93  (sections  1  and  2). — Concerning 
food  samples.  <  Approved  April  8,  1897.) 

Public  Laws  of  1*87.  chapter  126,  page  160  (sections  1  and  2)  (—General  Stat- 
utes 1M95,  Dairy,  section  91).  Supplement. — Concerning  enforcement  ot  the  law. 
(Approved  April  11,  1887.) 


72 
Additional: 

LAWS  OF  1894,  Chapter  317. 

SUPPLEMENT  to  an  act  entitled  "An  act  concerning  contagious  and  infections  disease  among 
animals  and  to  repeal  certain  acts  relating  thereto."  approved  May  fourth,  one  thousand  eight 
hundred  and  eighty-six.  (Approved  May  ±Jd,  1H94.  ) 

SECTION  1.  That  the  president  of  the  State  board  of 
investigation^  .tuberculosis  by    agricuiture  si,ali  appoint  five  persons    citi  ens  and 

taxpayers  of  this  State,  who.  together  with  himself  and 

the  secretary  of  the  State  board  of  agriculture,  shall  constitute  a  commission  who 
shall,  at  the  request  of  two  members  of  tiie  State  board  pt  health  or  the  State  dairy 
commissioner  <  >r  any  owner  of  suspected  animals  in  vesrigate  the  existence  of  tuber- 
culosis. or  cause  the  same  to  be  investigated,  and  if  any  such  disease  is  found  to 

exist,  to  enforce  such  regulations  in  relation  to  the  same  as  the  said 

commission  may  adopt. 

SEC.  '2.  That  when  anv  animal  or  animals  shall  be 
Payment  for  condemned  animal*.     slaughtered    by    direcfion    of   said    commission,  the 

value  of  the  same  shall  be  ascertained  and  appraised  by  three  disinterested  free- 
holders. resident  in  this  State,  who  shall  make  and  sign  certificates  thereof  in  the 
presence  of  a  witness  who  shall  attest  the  same:  such  appraisement  shall  be  made 
on  the  basis  of  the  market  value  of  the  animal  or  animals  slaughtered,  just  prior 
to  the  time  when  they  became  so  diseased,  and  shall  be  limited  to  the  sum  of  one 
hundred  dollars  for  registered  animals  and  to  forty  dollars  to  all  others;  one-half  of 
the  valuation  so  ascertained  shall  be  paid  by  the  State  on  the  presentation  of  such 
certificate,  with  the  approval  of  the  said  commission  indorsed  thereon,  to  the 
owner  or  owners. 

SEC.  3.  That  it  shall  be  the  duty  of  said  commission  to  keep  a  full 

and  complete  record  of  all  their  proceedings  under  this  a  t.  and 

report  the  same  annually  to  the  State  board  of  agriculture,  and  such  ;i  report  shall 

be  printed  in  and  form  a  part  ot  the  annual  reportof  the  State  board  of  agriculture. 


ri  ti  n      ^Ec<  "*'  That  the  surn  °^  ^ve  thousand  dollars  is  hereby  annually 

appropriated  to  said  commission  to  defray  its  expenses  and  the 

value  of  the  cattle  to  be  slaughtered  by  its  direction:  Provided,  That  no  other  com- 

pensation shall  be  Crowed  said  commission  than  the  expenses  actually  incurred 

in  the  execution  of  the  duties  hereby  imposed. 

p          t   fi'ii       SEC.  5.  That  all  bills  for  money  expended  under  this  act  shall  be 
audited  by  the  comptroller  of  this  State  and  then  submitted  to  the 
governor  for  his  approval,  and  after  being  thus  audited  and  approved  by  the  gov- 
ernor shall  be  paid  by  the  State  treasurer  upon  the  warrant  of  the  comptroller. 

SEC.  6.  That  this  act  shall  be  deemed  a  public  act  and  shall  take  effect 
In  effect.     immediate]y> 

NEW  MEXICO. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  050-652,  for  — 

Compiled  Laws  of  1897.  sections  1244,  1246,  and  1248-1257.  —  Concerning  foods 
and  drugs. 

Compiled  Laws  of  1897.  title  28,  chapter  2,  section  2402.  —  Concerning  sales  and 
inspection  of  provisions. 

NEW  YORK. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  652-058,  for  — 

Laws  of  1898.  chapter  338  (chapter  3-3  of  the  General  Laws,  article  1.  sections 
1-12.  and  article  2.  sections  20-37).—  An  act  in  relation  to  agriculture,  constituting 
articles  1,  2,  3,  4.  and  5  of  chapter  33  of  the  General  Laws.  (Approved  April  10, 
1893.) 

Sections  recently  amended  and  added  : 

SEC.  12  (as  amended  by  section  1  of  chapter  557  of  the 

P     inaduepli"ate?g  law8  of  1898>-   When  ^e  commissioner  of  agriculture, 

an  assistant  commissioner,  or  any  person  or  officer  author- 


73 

ized  by  the  commissioner,  or  by  this  chapter,  to  examine  or  inspect  any  product 
manufactured  or  offered  for  sale  shall  in  discharge  of  his  duties  take  samples  of 
such  product,  he  shall,  before  taking  a  sample,  request  the  person  delivering  the 
milk  or  who  has  charge  of  it  at  the  time  of  inspection,  to  thoroughly  stir  or  mix 
the  said  milk  before  the  sample  is  taken.  If  the  person  so  in  charge  refuses  to 
stir  or  mix  the  milk  as  requested,  then  the  person  so  requesting  shall  himself  so 
stir  and  mix  the  milk  before  taking  the  sample,  and  the  defendant  shall  thereafter 
be  precluded  from  introducing  evidence  to  show  that  the  milk  so  taken  was  not  a 
fair  sample  of  the  milk  delivered,  sold,  offered  or  exposed  for  sale  by  him.  The 
person  taking  the  sample  of  milk  for  analysis  shall  take  duplicate  samples  thereof 
in  the  presence  of  at  least  one  witness,  and  he  shall  in  the  presence  of  such  wit- 
ness seal  both  of  such  samples,  and  shall  tender,  and.  if  accepted,  deliver  at  the 
time  of  taking  one  sample  to  the  manufacturer  or  vendor  of  such  product,  or  to 
the  person  having  custody  of  the  same,  with  a  statement  in  writing  of  the  cause 
of  the  taking  of  the  sample.  In  taking  samples  of  milk  for  analysis  at  a  cream- 
ery, factory,  platform,  or  other  place  where  the  same  is  delivered  by  the  producer 

for  manufacture,  sale,  or  shipment,  or  from  a  milk  vendor 
later  simple  for  company.     whQ  prodnceg  the  mjjk  whPich  he  ^^  ^  ft  yiew  Qf 

prosecuting  the  producer  of  such  milk  for  delivering,  sel.ing.  or  offering  for  sale 
adulterated  milk,  the  said  commissioner  of  agriculture  or  assistant,  or  his  agent 
or  agents,  shall  within  ten  days  thereafter,  with  the  consent  of  the  said  producer, 
take  a  sample  in  a  like  manner  of  the  mixed  rrrlk  of  the  herd  of  cows  from  which 
the  milk  first  sampled  was  drawn  and  shall  deliver  the  duplicate  sample  to  the 
said  producer  and  shall  cause  the  sample  taken  by  himself  or  his  agent  to  be 
analyzed.  If  the  sample  of  milk  last  taken  by  the  commissioner  of  agriculture 
or  his  agent  or  agents  shall  upon  analysis  prove  to  contain  no  higher  percentage 
of  milk  solids,  or  no  higher  percentage  of  fat  than  as  the  sample  taken  at  the 
creamery,  factory,  platform,  or  other  place,  then  no  action  shall  lie  against  the 
said  producer  for  violation  of  subdivisions  one,  two,  three,  seven,  and  eight  of 
section  twenty  of  the  agricultural  law.  In  taking  a  second  sample  as  above  set 
forth  from  the  mixed  milk  of  the  herd,  it  shall  be  the  duty  of  the  commissioner 
of  agriculture  to  have  an  assistant,  agent,  or  agents  present  during  the  entire  time 
in  which  the  said  cattle  are  being  milked  to  observe  closely  so  as  to  be  sure  that 
the  milk  thus  to  be  sampled  is  not  adulterated  and  to  see  that  it  is  thoroughly 
mixed  so  that  the  sample  taken  shall  be  a  fair  sample  of  the  average  quality  of 
the  mixed  milk  of  the  entire  dairy  or  herd  of  cows  of  said  producer.  It,  how- 
ever, the  said  producer  refuses  to  ai  ow  such  examination  of  the  milk  produced 
by  his  dairy,  then  he  shall  be  precluded  from  o  lering  any  evidence  whatever  tend- 
ing to  show  that  the  milk  delivered  by  him  at  the  said  creamery,  factory,  plat- 
form, or  other  place  was  just  as  it  came  from  the  cow.  If  the  said  producer  does 
permit  such  examination,  the  commissioner  of  agriculture  shall,  upon  receiving 
application  therefor,  send  to  said  producer  a  copy  of  the  analysis  of  each  of  the 
samples  of  milk  so  taken  and  analyzed  as  above  provided. 

SEC.  27  (as  amended  by  section  1  of  chapter 

Imitation*  not  to  be  sold  as  butter  or  cheese.     <  (r>  i  XT 

149  of  the  laws  of  1899).    No  person  shall 

manufacture,  mix.  or  compound  with  or  add  to  natural  milk,  cream,  or  butter  any 
animal  fats  or  animal  or  vegetable  oils,  nor  make  or  manufacture  any  oleaginous 
substance  not  produced  from  milk  or  cream,  with  intent  to  sell  the  same  as  butter 
or  cheese  made  from  unadulterated  milk  or  cream  or  have  the  same  in  his  posses- 
sion with  such  intent:  nor  shall  any  person  solicit  or  take  orders  for  the  same  or 
offer  the  same  for  sale,  nor  shall  any  such  article  or  substance  or  compound  so 
made  or  produced  be  sold  as  and  for  butter  or  cheese,  the  product  of  the  dairy. 

No  person  shall  coat,  powder,  or  color  with 

(  olorintr  <>leom«rir»rini',  fir.,  prohibited. 

annotto  or  any  coloring  matter  whatever  but- 

terine  or  oleomargarine  or  any  compound  of  the  same  or  any  product  or  manu- 
facture made  in  whole  or  in  part  from  animal  fats  or  animal  or  vegetable  oils  not 
produced  from  unadulterated  milk  or  cream  by  means  of  which  such  product, 
manufacture,  or  compound  shall  resemble  butter  or  cheese,  the  product  of  the 
dairy:  nor  shall  he  have  the  same  in  his  possession  with  intent  to  sell  the  same  nor 

shall  he  sell  or  offer  to  sell  the  same.     No 

1-l%?s3a9ftSj±aa&*fcf  lo  p^r 1>y  himself-  >»•  •gepiit8- or  emplor 

shall  manufacture,  sell,  offer  or  expose  for 

sale  butter  that  is  produced  by  taking  original  packing  stock  or  other  butter  or 
both  and  me  ting  the  same,  so  that  the  butter  fat  can  be  drawn  off.  then  mixing 
the  said  butter  fat  with  skimmed  milk  or  milk  or  cream  or  other  milk  product  and 
rechurning  the  said  mixture,  or  that  is  produced  by  any  similar  process  and  is 
commonly  known  as  boiled  or  process  butter,  unless  he  shall  plainly  brand  or  mark 


74 

the  package  or  tub  or  wrapper  in  which  the  same  is  put  up  in  a  conspicuous  place 
with  the  words  "renovated  butter."  If  the  same  shall  be  put  up,  sold,  offered  or 
exposed  for  sale  in  prints  or  rolls,  then  the  said  prints  or  voLs  shall  be  labeled 
plainly  with  printed  letters  in  a  conspicuous  place  on  the  wrapper  with  the  words 
••renovated  butter.''  If  the  same  is  packed  in  tubs  or  boxes  or  pails  or  other  kind 
of  a  case  or  package,  the  words  "renovated  butter  "  shall  be  printed  on  the  top  and 
side  of  the  same  in  letters,  at  least  one  inch  in  length,  so  as  to  be  plainly  seen  by 
the  purchaser.  If  such  butter  is  exposed  for  sale,  uncovered,  not  in  a  package  or 
case,  a  placard  containing  the  label  so  printed  shall  be  attached  to  the  mass  of 
butter  in  such  manner  as  to  easily  be  seen  and  read  by  the  purchaser.  No  person 

Preserves  prohibited.     sha!J  Sef!1'  °^el'.  °.r  exP°"  e  for  Sa!e>  ^fS^JW®**  dalrV 
product  containing  a  preservative,  but  this  shall  not  1  e  con- 
strued to  prohibit  the  use  of  salt  in  butter  or  cheese,  or  spintous  liquors  in  club  or 
other  fancy  cheese  or  sugar  in  condensed  milk. 

SEC.  29a  (as  added  by  section  1  of  chapter  518 

Manufacture,  sale,  and  use  of  poisonous        f  fh     iavv«,  nf  iswn     TsTn  ii«rnnn  nr  npr^nrxs  shall 
coloring  matter  prohibited.  J>-   JNo  P^son  or  persons  snail 

manufacture,  sell  or  expose  for  sale  any  poison- 
ous coloring  matter  for  the  coloring  of  food  products  of  any  kind,  nor  shall  any 
person  or  persons  use  any  poisonous  co'oring  matter  manutactured.  sold,  offered 
or  exposed  for  sale  within  this  State;  nor  shall  any  person  or  persons  sell,  offer  or 
expose  for  sale  any  food  product  containing  such  poisonous  coloring  matter.     The 
al  sis      State  board  of  health  shall  cause  samples  of  coloring  matter  that  are 
'     exposed  for  sale  upon  the  market  for  use  in  food  products  to  be  analyzed 
and  report  the  results  of  such  analysis  to  the  legislature  at  the  next  session. 

.   „       ..  SEC.  33  (as  amended  by  section  1  of  chapter  559  of  the 

Brands  for  full-nulk  cheese.     laws  ofv18g8)>  Every  manufacturer  of  lull-milk  cheese 

may  put  a  brand  upon  each  cheese  indicating  "  full-milk  cheese,''  and  the  date  of 
the  month  and  year  when  made:  and  no  person  shall  use  such  a  brand  upon  any 
cheese  made  from  milk  from  which  any  of  the  cream  has  been  taken.  The  com- 
missioner of  agriculture  shall  procure  and  issue  to  the  cheese  manufacturers  of 
the  State,  on  proper  application  therefor,  and  under  such  regulations  as  to  the 
custody  and  use  thereof  as  he  may  prescribe,  a  uniform  stencil  brand,  bearing  a 
suitable  device  or  motto,  and  the  words,  "New  York  State  full-cream  cheese.'' 
Every  such  brand  shall  be  used  upon  the  outside  of  the  cheese  and  shall  bear  a 
different  number  for  each  separate  factory.  The  commissioner  shall  keep  a  book, 
in  which  sha  1  be  registered  the  name,  location,  and  number  of  each  manufactory 
using  the  brand  and  the  name  or  names  of  the  persons  at  each  manufactory 
authorized  to  use  the  same.  No  such  brand  shall  be  used  upon  any  other  than 
full-cream  cheese  ov  packages  containing  the  same. 

SEC.  37  (as  amended  by  section  1  of  chapter  554  of  the  laws 
'  of  1897,  and  by  chapter  558  of  the  laws  of  1898,  and  by  sec- 
tion 1  of  chapter  435  of  the  laws  of  1899).  Every  person  violating  any  of  the  provi- 
sions of  articles  two  and  three  and  sections  ninety-one  and  ninety-two  of  the  agri- 
cultural law  and  chapter  four  hundred  and  ninety-one  of  the  laws  of  eighteen 
hundred  and  ninety-eight,  shall  forfeit  to  the  people  of  the  State  of  New  York  a 
sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  every 
such  violation.  When  such  violation  consists  of  the  manufacture  or  production 
of  any  prohibited  article,  each  day  during  which  or  any  part  of  which  such  manu- 
facture or  production  is  carried  on  or  continued,  shall  be  deemed  a  separate  vio- 
lation of  the  provisions  of  this  anicle.  When  the  violation  consists  of  the  sale, 
or  the  offering  or  exposing  for  sale  or  exchange,  of  any  prohibited  article  or  sub- 
stance, the  sale  of  each  one  of  several  packages  shall  constitute  a  separate  viola- 
tion, and  each  day  on  which  any  such  article  or  substance  is  offered  or  exposed, 
for  sale  or  exchange,  shall  constitute  a  separate  violation  of  this  article.  When 
the  use  of  any  such  article  or  substance  is  prohibited,  each  day  during  which  or 
any  part  of  which  said  article  or  substance  is  so  used  or  furnished  for  use,  shall 
constitute  a  separate  violation,  and  the  furnishing  of  the  same  for  use  to  each  per- 
son to  whom  the  same  may  be  furnished  shall  constitute  a  separate  violation. 
Whoever  by  himself  or  another  violates  any  of  the  provisions  of  articles  two  and 
three  and  sections  ninety-one  and  ninety-two  of  the  agricultural  law  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars,  nor  more  than  twa  hundred  dollars,  or  by  imprisonment 
of  not  less  than  one  month  nor  more  than  six  months  or  by  both  such  fine  and 
imprisonment,  for  the  first  offense;  and  by  six  months'  imprisonment  for  the  second 
offense. 


75 

NORTH  CAROLINA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  658  and  659,  for  — 

Pnblic  Laws  of  1895.  chapter  106  (sections  1-6).  —  An  act  defining  butter  and  to 
regulate  the  sale  thereof.     (Ratified  February  38,  1895.) 

[Public  Laws  of  1895.  chapter  12*2.  was  repealed  by  section  12  of  the  following.] 
Recently  enacted  : 

PUBLIC  LAWS  OF  1899,  Chapter  &>. 

AN  ACT  to  prevent  the  sale  of  adulterated  and  unbranded  food,  and  to  amend  and  make  more 
effective  the  provisions  of  Chapter  122,  Laws  of  1895.     (Ratified  Feb  13.  1899.) 

SECTION  1.  That  for  the  purpose  of  protect- 

Board  of  Agriculture  to  hare  foods,  hererages,     jng  the  people  of  the  !<tate  from  imposition 
and  Condiments  examined  and   publish  re-     ^^  ^iteration    and    misbranding  of 

articles  of  food,  the  Board  of  Agriculture 

shall  cause  to  be  procured  from  time  to  time,  and  under  rules  and  regulations  to 
be  prescribed  by  them,  in  accordance  with  section  nine  of  this  act,  samples  of  food. 
beverages,  and  condiments  offered  for  sale  in  the  State,  and  shall  cause  the  same 
to  be  analyzed  or  examined  microscopically  or  otherwise  by  the  chemists  or  other 
experts  of  the  Department  of  Agriculture.  The  Board  of  Agriculture  is  hereby 
authorized  to  make  such  publications  of  the  results  of  the  examinations,  analyses, 
and  so  forth  as  they  may  deem  proper. 

SEC.  2.  That  no  person,  by  himself  or  agent,  shall  know- 
Adulterated  foods  prolubited.     ingly  ^^f^tore,  ^  ^xpose  fnr  Rftl*    Qr  have  iu  his 

possession  with  intent  to  sell,  any  article  of  food  which  is  adulterated  or  mis- 

branded  within  the  meaning  of  this  act:  and  any  person  who  sha  1  violate  any  of 

the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  for  such  offense 

Penalt       sna^  ^'e  fined  not  exceeding  two  hundred  dollars  lor  the  first  offense. 

and  for  each  subsequent  offense  not  exceeding  three  hundred  dollars  or 

be  imprisoned  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  Court; 

ffl          and  such  fines,  less  legal  costs  and  charges,  shall  be  paid  into 

the  treasury  of  the  State  for  the  benefit  of  the  Department  of 

Agriculture,  to  be  used  exclusively  in  executing  the  provisions  of  this  act. 

SEC.  ;*.  That  the  chemisss  or  other  experts  of 

Chemists  of  Department  of  Agriculture     fh       rVmrtTnent-    of    AsrHfiiltiirp    <*hall     malr« 
to  make  examinations.  r    Agriculture     Stldll     make, 

under  rules  and  regulations  prescribed  by  the 

Board  of  Agriculture,  examinations  of  specimens  of  food,  beverages,  and  condi- 
ments offered  for  sale  in  North  Caro  iua  which  may  be  collected  from  time  to  time 
under  their  directions  in  various  parts  of  the  State.  If  it  shall  appear  from  such 
examination  that  any  of  the  provisions  of  this  act  have  been  violated,  the  Com- 
missioner of  Agriculture  shall  at  once  certify  the  iacts  to  the  proper  solicitor, 
and  furnish  that  officer  a  copy  of  the  result  of  the  analysis  duly  authenticated  by 
the  analyst  under  oath. 

SEC.  4.  That  it  shall  be  the  duty  of  every  solicitor  to  whom 
solicitors  shall  prosecute.     tQft  c?inmissioner  of  Agriculture  shall  report  any  violation 

of  this  act,  to  cause  proceedings  to  be  commenced  and  prosecuted  without  delay 
for  the  fines  and  penalties  in  such  cases  provided. 

SEC.  5.  That  the  term  "  food  "  as  used  herein  shall 
"Food"  .nd  "mlsbranded     denned.     .^^  all  artideg,  uged  )or  iood_camlv<  condi- 

ment, or  drink,  by  manor  domestic  animals,  whether  simple,  mixed,  or  compound. 
The  term  "misbranded"  as  herein  used  shall  include  all  articles  of  food  or  articles 
which  enter  into  the  composition  of  food,  the  package  or  label  of  which  shall  bear 
any  statement  purporting  to  name  any  ingredients  or  substances  as  l>eing  contained 
or  "not  l>eing  contained  in  such  article,  which  statement  shall  be  false  in  any 
particular. 

...      ..      .  SEC.  0.  That  for  the  purpose  of  this  act  an  article  of  food  shall 

Adulteration  defined.      ^  dpeme(j 


First.  If  any  substance  or  substances  has  or  havo  l>een  mixed  or  packed  with  it, 
so  sis  to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength  so  that  .such 
product  when  ottered  for  sale  shall  deceive  or  tend  to  deceive  the  purchaser. 


76 

Second.  If  any  inferior  substance  or  substances  has  or  have  been  substituted 
wholly  or  in  part  for  the  article  so  that  the  product  when  sold  shall  deceive  or  tend 
to  deceive  the  purchaser. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted  so  that  the  product  when  sold  shall  deceive  or  tend  to  deceive  the 
purchaser. 

Fourth.  If  it  be  an  imitation  of.  and  sold  under  the  specific  name  of.  another 
article. 

Fifth.  If  it  be  mixed,  colored,  powdered,  coated,  polished,  or  stained  in  a  manner 
whereby  damage  or  inferiority  is  concealed,  so  that  such  product  when  sold  shall 
deceive  or  tend  to  deceive  the  purchaser. 

Sixth.  If  it  contain  any  added  poisonous  ingredient  or  any  ingredient  which 
may  render  such  article  injurious  to  the  health  of  the  person  consuming  it. 

Seventh.  If  it  be  labeled  or  branded  so  as  to  deceive  or  mislead  the  purchaser,  or 
purport  to  be  a  foreign  product  when  branded  so,  or  in  an  imitation  either  in  pack- 
age or  label  of  an  established  proprietary  product,  which  has  been  trade-marked 
or  patented. 

Eighth.  If  it  consists  of  the  whole  or  any  part  of  a  diseased,  filthy,  decomposed, 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal  unfit  for 
food,  whether  manufactured  or  not.  or  if  it  is  the  product  of  a  diseased  animal  or 
of  an  animal  that  has  died  otherwise  than  by  slaughter. 

Ninth.  That  candies  and  chocolate  may  be  deemed  to  be  adulterated  if  they  con- 
tain terra  alba,  barytes,  talc,  chrome  yellow,  or  other  mineral  substances,  or  poison- 
ous colors  or  flavors,  or  other  ingredients  deleterious  or  detrimental  to  health:  Pro- 
..  vided.  That  an  article  of  food,  beverage,  or  condiment  which  does  not 

contain  any  added  poisonous  ingredient  shall  not  be  deemed  to  be 
adulterated  in  the  following  cases: 

First.  In  the  case  of  articles,  mixtures,  or  compounds  which  may  be  now,  or 
from  time  to  time  hereafter,  known  as  articles  of  food,  beverages,  or  condiments 
under  their  own  distinctive  names,  and  not  included  in  definition  fourth  of  this 
section. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged  so  as  to  plainly  indi- 
cate that  they  are  mixtures,  compounds,  combinations,  imitations,  or  blends. 

Third.  When  any  matter  or  ingredient  has  been  added  to  the  food,  beverage,  or 
condiment  because  the  same  is  required  for  the  production  or  preparation  thereof 
as  an  artic.e  of  commerce  in  a.  state  fit  for  carriage  or  consumption,  and  not 
fraudulently  to  increase  the  bulk,  weight,  or  measure  of  the  food,  beverage,  or  con- 
I  abels  reuuired  d»nent.  or  conceal  the  inferior  quality  thereof :  Provided.  That  the 
same  shall  be  labeled,  branded,  or  tagged  as  prescribed  by  the  Board 
of  Agriculture,  so  as  to  show  them  to  be  compounds  and  the  exact  character 
thereof:  And  provided  further.  That  nothing  in  this  act  shall  be  construed  as 
requiring  or  compelling  proprietors  or  manufacturers  of  proprietary  foods  to  dis- 
close their  trade  formulas  except  in  so  far  as  the  provisions  of  this  act  may  require 
to  secure  freedom  from  adulteration  or  imitation:  Provided  further.  That  nothing 
in  this  act  shall  be  construed  to  apply  to  proprietary  or  patent  medicines. 

Fourth.  Where  the  food,  beverage,  or  condiment  is  unavoidably  mixed  with 
goine  harmless  extraneous  matter,  in  the  process  of  collection  or  preparation: 

Provided  further.  That  no  person  shall  be  con- 
>o  eonTirtionrf  Parity  WM  guaranteed  vjcted  ^^  tfae  p^rnons^  thls  act  when  he 

is  able  to  prove  a  written  guaranty  of  purity  in 

a  form  approved  by  the  Board  of  Agriculture  as  published  in  their  rules  and  reg- 
ulations, signed  by  the  wholesale  jobber,  manufacturer,  or  other  party  from  whom 
he  purchased  said  article. 

SEC.  7.  That  the  Board  of  Agriculture  is  herebv 
Compound  products  to  be  branded.     authorized  to  cause  ftll  compould,  mixed,  or  blended 

products  to  be  properly  branded  and  prescribe  how  this  shall  be  done. 

SEC.  8.  That  it  shall  the  duty  of  the  Board  of  Agri- 

Exempted  articles  to  be  published.     culture  to  prepare  and  pubfish  from  time  to  time 
lists  of  the  articles,  mixtures,  or  compounds  declared  to  be  exempt  from  the  provi- 
sions of  this  act  in  accordance  with  section  six. 
Food  standards  to^flxed  by  Board  of     The  fi        d  of  Agriculture  shall  also  from  time  to 

time  fix  and  publish  the  limits  of  variability  per- 
missible in  any  article  of  food,  beverage,  or  condiment,  and  these  standards  when 
so  published  shall  remain  the  standards  before  all  courts:  Provided.  That  when 
standards  have  been  or  may  be  fixed  by  the  Secretary  of  Agriculture  of  the  United 
States,  they  shall  he  accepted  by  the  Board  of  Agriculture  and  published  as  the 
standards  for  North  Carolina. 


77 

Samples  for  analysis  ^EC-  9f  That  every  person  who  exposes  for  sale  or  delivers  to  a 
purchaser  any  condiment,  beverage,  or  article  of  food  shall 
furnish,  within  business  hours,  and  upon  tender  and  full  payment  of  the  selling 
price,  a  sample  of  such  condiments,  beverages,  or  articles  of  food  to  any  person 
duly  authorized  by  the  Board  of  Agriculture  to  secure  the  same  and  who  shall 
apply  to  such  manufacturer  or  vender  or  person  delivering  to  a  purchaser  such 
beverage  or  article  of  food,  for  such  samp'e  for  such  use  in  sufficient  quantity  for 
the  analysis  of  such  article  or  articles  in  his  possession. 

Hindrance,  etc.,  a  misdemeanor.     ?EC.  10.  That  any  manufacturer  or  dealer  who  refuses 

to  comply  upon  demand  with  the  requirements  of 

section  nine  of  this  act,  or  any  manufacturer,  dealer,  or  person  who  shall  impede, 
obstruct,  hinder,  or  otherwise  prevent  or  attempt  to  prevent  any  chemist,  inspector, 
or  other  person  in  the  performance  of  his  duty  in  connection  with  this  act  shall 
Penalt  •  be  guilty  of  a  misdemeanor  and  shall  upon  conviction  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  hundred  days,  or  both,  in  the  discretion  of  the  Court,  and  said 
fines,  less  the  legal  costs,  shall  be  paid  into  the  treasury  of  the  State  for  the  benefit 
of  the  Department  of  Agriculture,  to  be  used  exclusively  in  executing  the  provi- 
sions of  this  act. 

Act  not  to  interfere  with  commerce.      ^0.  11.   That  this  act  shall  not   be   construed  to 

interfere  with  commerce,  or  any  interstate  com- 
merce laws  of  the  United  States. 

_       j      SEC.  12.  That  chapter  one  hundred  and  twenty-two.  Public  Laws  of  one 
thousandeight  hundred  and  ninety-five,  be  and  the  same  is  hereby  repealed. 

_         SEC.  13.  That  this  act  shall  be  in  force  from  the  first  day  of  August,  one 
thousand  eight  hundred  and  ninety-nine. 

NORTH  DAKOTA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  660  and  061,  for: 

Laws  of  189."),  chapter  49,  sections  1-12. — An  act  entitled  "An  act  to  protect 
dairy  interests  of  the  State  of  North  Dakota,  and  to  prevent  fraud  in  dairy  prod- 
ucts, and  to  regulate  traffic  in  adulterated  butter  and  cheese."  (Approved  March 
16,  1895.)  [Most,  if  not  all.  of  this  act  appears  to  be  replaced  by  the  following.] 

Recently  enacted: 

LAWS  OF  1899,  Chapter  72. 

AN  ACT  to  regulate  the  manufacture  and  sale  of  dairy  products  and  imitations  and  substitutes 
therefor,  prescribing  penalties  for  violations,  to  create  a  deputy  commissioner  of  agriculture, 
prescribing  his  duties,  and  fixing  his  salary.  <  Approved  March  9,  1899. ) 

SECTION  1.  In  order  to  secure  the  better  enforce- 

A««i*tant  d.iry  and  food  commU^ioner:  t     f  th      provisions  of  this  act.  and  to  pro- 

quallncationN.  ,        .  ,.     .  *   .\_ 

mote  the  improvement  ot  the  products  of  the 

dairy,  the  commissioner  of  agriculture,  by  and  with  the  advice  and  consent  of  the 
governor,  shall  appoint  on*  deputy  in  his  department  to  be  known  o  h'cially  as 
assistant  dairy  and  food  commissioner,  who  shall  have  a  practical  knowledge  of 
and  experience  in  the  manufacture  of  dairy  products,  and  hold  his  office  during 
the  term  of  the  commissioner  of  agriculture,  subject  to  removal  from  office  for 
inefficiency,  neglect,  or  violation  of  duty.  The  said  assistant  commissioner 
shall  receive  a  salary  of  six  hundred  dollars  per  annum  and  his 
actual  and  necessary  expenses  in  the  discharge  of  his  duties  under 
this  act.  and  shall  be  charged  under  the  direction  of  the  commissioner  of  agricul- 
ture with  the  enforcement  of  the  various  provisions  thereof. 

The  sum  of  one  thousand  dollars  annually  is  hereby  appropriated,  to 
'  which  shall  be  added  the  amount  in  fines  collected  in  the  enforce- 
ment of  the  provisions  of  this  act,  to  be  p  lid  for  such  purpose  <  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  and  any  money  so  appropriated  not 
expended  in  the  enforcement  of  the  provisions  of  this  act  shall  revert  to  the  State 
school  fund.  All  charges,  ace  onnts  and  expenses  authori/.ed  by  this  act  shall  be 
paid  by  the  treasurer  of  the  State  upon  the  warrant  of  the  Stateauditor.  The  entire 
expt  nse  of  said  assistant  commissioner  shall  not  exceed  the  .sum  appropriated  for 
the  purpose  of  this  act. 


78 

SEC.  2.  The  biennial  report  of  commissioner  of  agriculture  shall 
contain  a  detailed  report  of  the  work  and  proceedings,  together 
with  an  account  of  expenses  and  disbiirsement  of  said  assistant  commissioner, 
since  the  preceding  report,  with  such  facts  and  statistics  in  regard  to  the  produc- 
tion, manufacture,  and  sale  of  daily  products  with  such  suggestions  as  he  may 
regard  of  public  importance  connected  therewith. 

SEC.  3.  The  said  assistant  commissioner  and  such  persons  as  shall  be  duly 

...         ..        authorized  for  the  purpose  shall  have  access,  ingress,  and 

•    egress  to  all  places  of  business,  factories,  farms,  buildings, 

carriages,  cars,  vessels,  and  cans  used  in  the  manufacture  and  sale  of  any  dairy 

products  or  any  imitation  thereof.     They  also  shall  have  power  and  authority  to 

open  any  package,  can,  or  vessel  containing  such  articles  which  may  be  manufac- 

tured. sold,  or  exposed  lor  sale  in  violation  of  the  provisions  of  this  act.  and  may 

inspect  the  contents  therein  and  may  take  samples  therefrom  for  analysis.     All 

Assistance  from  others.    cl,erks'  book-keepers,  express  agents    railroad  officials,  em- 

ployes.  or  common  carriers  shall  render  to  them  any  assist- 

ance in  their  power  when  so  requested,  in  tracing,  finding,  or  discovering  the 
presence  of  any  prohibited  article  named  in  this  act. 

Refusal  to  aid  a  nmden.eanor.     SEC   4    Any  refusal  or  neglect   on   the  part  of  such 
clerks,  book-keepers,  express  agents,  railroad  officials, 

common  carriers,  or  employes  to  render  such  friendly  aid  shall  be  deemed  a 
p      ...      misdemeanor  and  be  punished  by  a  fine  of  not  less  than  twenty  dollars 
nor  more  than  fifty  dollars  for  each  and  every  offense. 

SEC.  5.  The  said  assistant  commissioner  shall  provide 
Annual  reports  from  creamer.es,    bl&nks  which  shall   be  furnished  to  all  proprietors  or 

managers  of  creameries,  cheese  factories,  and  all  the 

venders  or  peddlers  of  milk  who  shall  be  licensed  under  the  provisions  of  this  act, 
for  the  purpose  of  making  a  report  of  the  amount  of  milk  and  dairy  goods  han- 
dled and  all  owners  or  managers  of  such  creameries,  cheese  factories,  and  venders 
or  peddlers  of  milk,  shall  on  the  first  day  of  November  ot  each  year,  send  to  the 
assistant  dairy  and  food  commissioner  a  full  and  accurate  report  of  the  amount  of 
business  done  during  the  year  as  designated  under  the  different  headings  of  such 
printed  blanks. 


False  re  lorts     ^EC<  **'  ^n^  ne^&ct  or  failure  or  false  statement  on  the  part  of  any 
owner  or  manager  of  such  creamery,  cheese  factor}7,  or  any  vender 
or  peddler  of  milk  shall  be  consider  a  misdemeanor  and  be  punished  by 
8   >-     fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

SEC.  7.  Every  creamery,  cheese  factory,  or  combined 

Creameries  "d  cheese  factories    creamery  and  cueese  factory  engaged  in  the  manufac- 
ture of  butter  and  cheese  shall   procure  a  stencil  or 

brand  bearing  a  suitable  device  and  words  which  shall  clearly  designate  the 

quality  of  the  product  manuiactured,  and  the  number  and  location  of  the  factory, 

and  may  contain  a  special  or  private  brand  or  name  of  said  factory:  every  brand 

shall  be  used  upon  the  outside  of  the  cheese  and  also  upon  the  package  containing 

the  same,  but  in  the  case  of  butter  on  the  package  only  and  shall  on  the  first  day 

of  November  of  each  year  report  to  the  assistant  dairy  and  food  commissioner 

the  name,  location,  and  number  of  each  factory  using  said  brand,  and  the  name  or 

names  of  the  persons  at  each  factory  authorized  to  use  the  same  together  with  a 

copy  of  each  stencil  or  brand  and  the  said  assistant  commis- 

red-    sioner  shall  keep  a  book  in  which  shall  be  registered  the  same. 

Any  neglect  or  failure  to  comp'y  with  the  provisions  of  this 

'     seotion  shall  be  considered  a  misdemeanor  and  shall  be  punish- 

able by  a  fine  of  not  le=s  than  ten  dollars  and  not  more  than  fifty  dollars  for  each 

and  every  offense. 

SEC.  8.  Every  person  who  sells  milk  from  a  dairy  of 
M.lk  ,,e,i,llers  shall  be  hcensed.     fiye  Qr  more  {.^s,  and  conveys  the  same  in  carriages, 

carts,  or  other  vehicles  for  the  purpose  of  such  sale,  in  any  city  or  town  of  one 
thousand  inhabitants  or  more,  in  the  State  of  North  Dakota  shall  on  the  first  day 
of  June  of  each  year,  or  within  thirty  days  thereafter  be  licensed  by  the  assistant 
dairy  and  food  commissioner  to  sell  milk  within  the  limits  of  said  city  or  town. 
and  shall  pay  to  the  said  assistant  commissioner  the  sum  of  one  do.lar  each  to  the 
use  of  said  dairy  and  food  commissioner.  But  any  person  des  ring  to  engage  in 
such  dairy  business  shall  first  procure  a  lie  ense  as  aforesaid  which  shall  be  valid 
until  the  firs:  day  of  June  ne:;t  succeeding  the  issue.  Licenses  shall  be  used  only 
in  the  names  of  the  owners  of  carriages,  carts,  and  other  vehicles,  and  shall,  for 


79 

the  purpose  of  the  act,  be  conclusive  evidence  of  ownership.     No  license  shall  be 
sold,  assigned,  or  transferred. 

D  t»  on  licenses     Each  license  shall  record  the  name,  residence,  place  of  business, 
'    number  of  carriages,  carts,  or  other  vehicles  used,  the  name  and 
reside'nce  of  every  driver  or  other  persons  engaged  in  selling  said  milk,  and  the 
Y  .  .  .  number  of  the  license.     Each  licensee  shall,  before  engaging 

1  in  the  sale  of  milk,  cause  his  name,  the  number  of  his  license, 
and  place  of  business  to  be  legibly  placed  on  each  outer  side  of  all  carriages,  carts, 
or  other  vehicles  used  by  him  in  the  conveyance  and  sale  of  milk,  and  he  shall 
report  to  the  said  assistant  commissioner  any  change  of  driver  or  other  persons 
employed  by  him  which  may  occur  during  the  term  of  his  license. 
p  ...  .  Whoever  without  being  first  licensed  under  the  provisions  of 

this  section,  sells  milk,  or  exposes  it  for  sale  from  carriages, 
carts,  or  other  vehicles,  or  has  in  his  custody  or  possession  with  intent  to  sell,  and 
whoever  violates  any  of  the  provisions  of  this  section,  shall  be  planished  by  a  fine 
of  not  less  than  ten  dollars  and  not  more  than  fifty  dollars  for  each  and  every 
offense. 

SEC.  9.  Every  person  before  selling  milk  or  offering  it 
for  sale  in  a  store,  booth,  stand,  or  market  place  in  the 

respective  towns  or  cities  as  designated  in  this  act  shall  procure  a  license  from 

the  assistant  dairy  and  food  commissioner  and  shall  pay  to  said  assistant  commis- 

,  sioner  the  sum  of  one  dollar.     Whoever  neglects  to  procure 

said  license  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 

be  punished  by  a  fine  not  exceeding  twenty  dollars  for  each  and  every  offense. 

SEC.   10.    If  any  person  shall  sell,  exchange,  or 

D,spo*»l  of  .mpnre  milk  proh.bited.      expoge  f  Qr  ^  £  ^  Qr  tQ  be  converted  into 

any  product  of  human  food  any  unclean,  unhealthy,  adulterated,  unwholesome, 

or  skimmed  milk,  or  milk  from  which  has  been  held  back  what  is  commonly 

known  as  strippings,  or  milk  taken  from  an  animal  having  disease,  sickness,  ulcers, 

abscess,  or  running  sores,  or  which  has  been  taken  from  an  animal  within  l.~>  days 

before  or  5  days  after  parturition;  or  if  any  person  having  cows  for  the  purpose  of 

producing  milk  or  cream  for  sale  shall  stable  them  in  an 

unhealthy  place  or  crowded  manner,  or  shall  knowingly   eed 

them  food  which  produces  impure,  unwholesome  milk,  or  upon  any  substance  in 

a  state  of  putrefaction  or  rottenness  or  of  unhealthy  nature,  or  shall  sell  or  offer 

for  sale  cream  which  has  been  taken  from  milk  the  sale  of 

'en-     which  has  been  prohibited,  or  shall  sell  or  offer  for  sale  as 

cream  an  article  which  shall  contain  less  than  the  amount  of  butter  fat  as  pre- 

•  scribed  in  this  act;  or  if  any  person  shall  sell  or  offer 
Skimmed  milk  ,-heese  to  be  libeled.      for  ^  ftny  cheege  manuJfact  ured  from  skimmed 


milk,  or  from  milk  that  is  partly  skimmed  without  the  same  being  plainly  branded, 

stamped,  or  marked  on  the  side  or  top  of  both  cheese  and  package  in  a  durable 

manner  in  the  English  language  the  words,  ''skimmed  milk  cheese,"  the  letters 

of  the  words  to  be  not  less  than  one  inch  in  height  and  one-half  inch  in  width  —  he 

shall  be  fined  not  less  than  twenty  nor  more  than  fifty  dollars; 

but  the  provisions  of  this  section  shall  not  apply  to  skimmed 

milk  when  sold  as  such  and  in  the  manner  and  subject  to  the  regulations  pre- 

scribed in  this  act. 

SEC.  11.  For  the  purpose  of  this  act  the  addition  of  water 

Aduiter.tlon  «f  milk  defined.     oranyother  ^bg^eor  thing  to  whole  milk,  or  skimmed 

milk,  or  partially  skimmed  milk  is  hereby  declared  an  adulteration,  and  milk 

which  is  obtained  from  animals  fed  upon  any  substance  of  an  unhealthy  nature, 

t    d  rd      *s  nere^>'  declared  impure  and  unwholesome,  and  milk  which  lias 

been  proved  by  any  reliable  method  or  test  or  analysis  to  contain 

less  than  twelve  per  cent  of  milk  solids  to  the  hundred  pounds  of  milk,  or  than 

three  pounds  of  butter  fat  to  one  hundred  pounds  of  milk  shall  be  regarded  as 

.     .     skimmed  or  partially  skimmed  milk,  and  every  article  not  contain- 

'    ing  fifteen  per  cent  or  more  of  butter  fat  shall  not  bo  regarded  as 

cream. 

t,         It  is  hereby  made  the  duty  of  the  assistant  dairy  and  food  com- 
missioner to  inspect  such  dairies  as  he  shall  deem  necessary  and 
enforce  the  provisions  of  the  two  preceding  sections. 

SEC.  TJ.  No  person  bv  himself  or  his  agents  or 

ImlUtlon,  of  yellow  butter  prohibited.      ^.^^  ^  r<?n(lor  Qr  maliufartun>f  g£,l.  offer 


for  sale,  expose  for  sale,  take  orders  for  the  future  delivery  of.  have  in  his  posses- 
sion, ke«p  in  storage,  distribute,  deliver,  transfer,  or  convey  with  intent  to  sell 
within  this  State  any  article,  product,  or  compound  made  wholly  or  partly  out  of 


80 

any  fat.  oil,  or  oleaginous  substance  or  compound  thereof,  not  produced  from 
unadulterated  milk  or  cream  from  the  same,  which  shall  be  imitation  of  yellow 
butter  produced  from  pure  unadulterated  milk  or  cream  of  the  same. 

Provided,  that  nothing  in  this  act  shall  be  construed  to  pro- 
Oleomarganne  perm.tted.    hibit  the  manufactur°  or  sale  of  oleomargarine  in  a  sepa- 

rate and  distinct  form,  and  in  such  manner  as  will  advise  the  consumer  of  its  real 

character  free  from  coloration  or  ingredient  that  causes  it  to  look  like  butter. 

Whoever  violates  any  of  the  provisions  of  this  section  shall  be  punished 

}'     by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 

dollars  for  each  and  every  offense. 

SEC.  13.  Whoever  exposes  for  sale  oleomarga- 
Brand  for  oleomargarine,  etc-.,  required.  butterine.  or  any  substance  made  in  imita- 


tion or  semblance  of  pure  butter  in  tubs,  firkins,  or  other  original  packages  not 
distinctly,  legibly,  and  durably  branded,  stamped,  or  marked  in  a  conspicuous 
place  with  the  word  *'  oleomargarine  "  or  "butterine"  or  ''imitation  butter,''  a3 
the  case  may  be,  in  letters  not  less  than  one  inch  in  length  and  one-half  inch  in 
width,  or  in  retail  packages  not  plainly  and  conspicuously  labeled  with  said  words 
"  oleomargarine"  or  "butterine"  or  "imitation  butter,"  as  the  case  may  be,  shall 
be  deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not  less 
a   )-    than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each  and 
every  offense. 

«  Process"  butter  to  be  labeled  "renovated."     SEC"  14'  Whoever  by  himself,  his  agents,  or 

employes  shall  mauufactuie,  sell,  offer,  or 

expose  for  sale  butter  that  is  produced  by  taking  original  packing  stock  or  other 
butter,  or  both,  ani  melting  the  same,  so  that  the  butter  fat  can  be  drawn  off, 
then  mixing  the  said  butter  fat  with  skimmed  milk,  or  milk,  or  cream,  or  other 
milk  product,  and  rechurning  the  said  mixture;  or  that  is  produced  by  any  simi- 
lar process  and  is  commonly  known  as  boiled  or  process  butter,  unless  the  tub, 
firkin,  or  other  original  package  in  which  the  same  may  be  put  up.  be  distinctly. 
legibly,  and  durably  branded,  stamped,  or  marked  in  a  conspicuous  place  with  the 
words  "renovated  butter"  in  printed  letters  not  less  than  one  inch  in  length  and 
one  half  inch  in  width,  in  prints,  boxes,  or  rolls  not  plainly  and  conspicuously 
labeled  on  the  wrapper  thereof  with  said  words  •  •  renovated  butter  "  in  printed  let- 
ters not  less  than  one-half  inch  in  length  and  one-quarter  inch  in  width  sha'l  be 
deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not  less  than 
a  )-  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 

SEC.  15.  Whoever  furnishes  or  causes  to  be 

>otice  to  be  given  of  useof  oleomargarine     f1lrTii<?hpd   in   anv  hntpl    rp<?ranranf    hnaTvKrxr 
in  public  eating  places.  n  aiY    no,tel-  restaurant.  Doarciing 

house,  or  at  any  lunch  counter  oleomargarine. 

or  butterine  to  any  guest  or  patron  of  such  hotel,  restaurant,  boarding  house,  or 

lunch  counter  in  the  place  or  stead  of  butter  shall  notify  said  guest  or  patron  that 

the  substance  so  furnisned  is  not  butter  and  any  party  so  furnishing  without  such 

notice  shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more 

a  }*    than  ten  dollars  for  each  and  every  offense. 

„  .   ...  .  SEC.  16.  Any  person  or  firm  who  shall  sell  or 

Substitute  or  filled  cheese  to  be  labeled.     Qffer  f  Qr  saleVmake  or  manufacture  out  of  any 

oleaginous  substance  or  substances  or  any  compound  of  the  same  or  any  other 

compound  other  than  that  produced  from  unadulterated  milk  any  artic.e  designed 

to  take  the  place  of  cheese,  produced  from  pure  milk  or  any  article  termed  "  filled- 

cheese  "  shall  stamp  each  package  of  the  same  on  the  top  and  side  with  lamp  black 

and  oil  the  words  "  filled-cheese  ''  or  words  that  shall  designate  the  exact  character 

and  quality  of  the  product  in  printed  letters  at  least  one  inch  long  and  one-half 

.,  .     inch  wide.     Whosoever  violates  the  provisions  of  this  section  is  guilty  of 

*  J'    a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less  than  twenty- 

five  dollars  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

SEC.  17.  The  assistant  dairy  and  food  corn- 
Assistant  commissioner^  director  of  farmers'     missioner  shall  be  director  of  farmers'  insti- 

tutes in  the  State  and  have  charge  of  all  mat- 

ters relating  thereto.  He  shall  arrange  for  holding  as  many  farmers'  institutes 
during  the  year  as  possible  and  in  connection  with  local  committee  where  insti- 
tute is  to  be  held  shall  prepare  program  and  provide  1  or  speakers  and  lectures. 
The  expense  of  such  institutes  shall  be  limited  to  the  actual  expense  of  travel  and 
entertainment  for  speakers  and  lecturers. 

R  SEC.  18.  All  acts  and  parts  of  acts  inconsistent  or  in  conflict  with  the 

provisions  of  this  act  are  hereby  repealed. 


81 
OHIO. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  661-669,  for— 

Ohio  Laws,  volume  83,  page  120 '  (sections  1-4)  ( =  Giauque,  8847-8850).— An  act 
to  create  the  office  of  dairy  and  food  commissioner,  provide  for  his  election,  term 
of  office,  duties,  salaries,  expenses,  office,  disposition  of  fines  collected,  annual 
reports,  etc.  (Passed  and  took  effect  May  8.  1886.) 

Ohio  Laws,  volume  88,  page  74  (section  1 ). — An  act  to  require  the  Ohio  dairy  and 
food  commissioner  to  give  bond.  (Passed  and  took  effect  March  4,  1891.) 

Ohio  Laws,  volume  86,  page  229  (sections  1-4)  (=  Giantjue,  8837-8840).— An  act 
to  regu.ate  the  sale  of  milk.  (Passed  and  took  effect  April  10, 1889.) 

Ohio  Laws,  volume  83,  page  178  (sections  1-17)  -  (=  Giauque,  8821-8834,  8836).— 
An  act  to  prevent  adulteration  of  and  deception  in  the  sale  of  dairy  products,  and 
supplementary  to  Chapter  II,  Title  I,  part  4,  of  the  Revised  Statutes.  (Passed  and 
took  effect  May  17,  1886.) 

Ohio  Laws,  volume  87.  page  51  (sections  1-3) 2. — An  act  to  prevent  deception  in 
the  sale  of  dairy  products  and  to  preserve  the  public  health.  (Passed  March  7, 
1890;  took  effect  May  1,  1890.) 

Ohio  Laws,  volume  91,  page  274  (sections  1-7). — An  act  to  prevent  fraud  and 
deception  in  the  manufacture  and  sale  of  oleomargarine  and  promote  public  health 
in  the  State  of  Ohio.  (Passed  and  took  effect  May  16,  1894.) 

Ohio  Laws,  volume  92.  page  51  (sections  1-10). — An  act  to  prevent  fraud  in  the 
manufacture  and  sale  of  imitations  of  cheese  or  substitutes  for  cheese,  and  to  regu- 
late the  branding  of  cheese  in  the  State  of  Ohio.  (Passed  and  took  effect  March 
3,  1^93.) 

Ohio  Laws,  volume  81.  page  67  (sections  1-5). — An  act  to  provide  against  the 
adulteration  of  food  and  drugs.  (Passed  March  20,  1884:  took  effect  forty  days 
later. ) 

Following  should  be  added : 

OHIO  LAWS,  Volume  91,  page  412. 

AN"  ACT  to  amend  sections  [section  ?]  3718a  of  the  Revised  Statutes  of  Ohio.     (Passed  and  took 

effect  May  21,  1894. ) 

SECTION  1.  That  sec-tion  3718cr  of  the  Revised  Statutes  of  Ohio,  be  and  the  same 
is  hereby  amended  to  read  as  follows: 

,  SEC.  3718«.  Any  justice  of  the  peace,  within  his  county 

£3 1  Sd  datr y°SI!?."  and  c.ifcy '  P°11ce  .iudge  or  mavor  of  an>'  city  or  village,  wit  hi  n 
his  city  or  village,  shall  have  jurisdiction  in  case  of  viola- 
tion of  the  laws,  to  prevent  adulteration  of  food  and  drink,  the  adulteration  and 
deception  in  the  sale  of  dairy  products,  and  drugs  and  medicines,  and  any  viola- 
tion or  the  law  for  the  prevention  of  cruelty  to  animals,  or  under  section  sixty- 
nine  hundred  and  eighty-four  of  the  Revised  Statutes,  or  section  sixty-nine  hun- 
dred and  eighty-four-^  thereof  as  herein  enacted.  If  such  prosecutions  be  before 
a  justice  of  the  peace,  and  a  trial  l»y  jury  be  not  waived,  the  said  justice  shall 
issue  a  venire  to  any  constable  of  the  county,  containing  the  names  of  sixteen 
electors  of  the  county  to  serve  as  jurors  to  try  such  case  and  make  due  return 
thereof.  Each  party  bhali  be  entitled  to  two  peremptory  challenges,  and  shall  be 
subject  to  the  same  challenges  as  jurors  are  subject  to  in  criminal  cases  in  the 
court  of  common  pleas.  If  the  venire  of  sixteen  names  b«  exhausted  without 
obtaining  the  required  number  to  fill  the  panel,  the  justice  may  direct  the  con- 
stable to  summon  any  of  the  bystanders  to  act  as  jurors:  Provided,  That  in  all 
cases  prosecuted  under  the  provision  of  this  section  no  costs  shall  be  required  to 
be  advanced  or  paid  by  the  person  or  persons  authonxed  under  the  law  to  prose- 
cute such  cases:  And  provide!  further.  That  in  all  cases  brought  under  the  pro 
vision  of  this  section,  if  the  defendant  be  acquitted,  or  if  convicted  a  d  committed 
n  default  of  paying  fine  and  costs,  the  costs  of  each  case  shall  b«  certified  under 

1  Appropriation  for  IHX),  fio.lHO. 

1  The  supreme  court  of  Ohio  has  upheld  thu  law  requiring  that  oleomargarine  shall  not  be 
colored  to  resemble  butter. 

10034— No.  L'»;- 


82 

oath  to  the  county  auditor,  who.  after  correcting  the  same,  shall  issue  [a]  warrant 
on  the  county  treasurer  in  iavor  ol  the  person  or  persons  to  whom  such  cost  and 
fees  shall  be  paid. 

And  in  cases  brought  for  any  violation  of  law  for  the  prevention  of  cruelty  to 
animals,  the  humane  society  or  their  agents,  may  employ  an  attorney  to  prosecute 
the  same,  who  shall  be  paid  for  his  services  out  of  the  county  treasury,  as  the 
county  commissioners  may  deem  just  and  reasonable. 

«    .      SEC.  2.  Said  original  section  3718a  is  hereby  repealed,  and  this 
act  shall  take  [effect]  and  be  in  force  after  its  passrge. 

OKLAHOMA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  (570,  for — 

Compiled  Statutes,  1893,  chapter  '25,  article  36  (2264),  section  16. — Concerning 
adulteration. 

Compiled  Statutes,  1893.  chapter  25,  article  50  (2436,  2437, 2443) ,  sections  1,  2,  8.— 
Concerning  impure  provisions  and  milk. 

Compiled  Statutes,  1893,  chapter  8  (342),  section  4. — An  act  creating  a  board  of 
health  and  regulating  the  practice  of  medicine.  (Took  effect  December  25, 1890.) 

OREGON. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  070-673,  for — 

General  Laws.  18!  3,  page  99  (sections  1-20). — An  act  to  prevent  the  production 
and  sales  Of  unwholesome  foods  and  medicines,  and  to  regulate  sales  of  adulterated 
foods,  drinks,  medicines,  and  fertiliztrs.  and  to  repeal  the  act  entitled  •  An  act  to 
prevent  the  production  and  sales  of  unwholesome  foods,  and  to  regulate  the  sales 
of  adulterated  foods,  drinks,  and  medicines,'  approved  February  25, 1889.  (Filed 
in  the  office  of  secretary  of  State  February  21,  1893.)  [Most,  if  not  all,  of  this  act 
appears  to  be  replaced  by  the  following.] 

Recently  enacted : 

GENERAL,  LAWS,  1899,  page  46. 

AN  ACT  to  provide  for  the  election  of  an  Oregon  Dairy;  and  Food  Commissioner,  and  to  pre- 
scribe his  duties  and  qualifications,  and  to  prevent  the  production  and  sale  of  unwholesome 
food,  drinks,  medicine  and  fertilizers:  and  to  repeal  an  act  entitled  "An  Act  to  prevent  the 
production  and  sale  of  unwholesome  foods  and  medicines,  and  to  regulate  sales  of  adulterated 
foods,  drinks,  medicines,  and  fertilizers."  (Approved  February  IB,  1899.) 

SECTION  1.  No  person  or  persons  shall  sell,  or  expose 
Any  artulterated  food,^-.,  shall        f?J.  ^  Qr  exc^nge>  or  have  ]n  his  or  their  pO8ses. 

sion  for  sale    or  exchange,  any  adulterated  food, 

drink,  medicine,  or  fertilizer,  unless  the  same  shall  be  plainly  marked  so  as  to 
establish  its  true  character  and  distinguish  it  from  pure  articles  of  food,  drink, 

medicine,  or  fertilizers,  and  in  any  public  dining 
Notice  of  use  in  public  eating  places.      or  e&ting  room  ^^  adulterated  Jf  Qod   or  fa^ 

are  used,  the  bill  of  fare  shall  state  the  fact  in  the  same  size  type  as  is  used  in 
printing  the  body  of  said  bill  of  fare:  or,  if  no  bill  of  fare  is  used,  then  and  in 
that  case  printed  notice  thereof  shall  be  posted  in  a  conspicuous  place  in  said 
dining  or  eating  room  so  as  to  be  easily  seen  by  anyone  entering  such  room,  in 
which  notice  shall  be  stated  in  large  letters  the  fact  that  adulterated  foods  and 

drinks  are  being  used  for  foods  and  crinks:  and  it  shall 
Beworked^bntteMj)  be  marked  be  unlawful  for  any  person  to  offer  or  expose  for  sale 

reworked  or  mixed  butter,  unless  the  same  is  plainly 

marked  "process  butter,'' and  it  shall  be  unlawful  for  any  persons  to  offer  or 

expose  for  sale  any  tub  or  packed  butter 
Remolded  butter  to  be  marked  "Tub  butter."  remoldedinto prints, rollsorsquaresunless 

the  same  is  plainly  marked  '•  tub  butter;"  and  it  shall  be  unlawful  for  any  person 

who  offers  or  exposes  reworked,  mixed,  packed,  or 
Creamery  stamps  on  .ueli  forbidden.      remoMed  but,e]!  to   mark    or  brand   ^ch    butter 

with  the  stamp  of  any  creamery  or  with  the  words  '•  creamery  butter." 

SEC.  2.  When  cows  are  kept  by  any  person  for  dairy  purposes, 

1    either  for  butter  or  cheese,  or  for  the  prodnctio  '  of  milk  or  cream, 

for  sale,  and  are  confined  in  stables,  such  cows  so  confined  shall  each  be  allowed 


83 

at  least  800  cubic  feet  of  air,  and  such  cows  so  stabled  shall  not  be  confined  facing 
each  other  or  when  closer  together  than  six  feet,  unless  there  shall  be  an  air-tight 
partition  between  such  cows  at  least  Jour  feet  ia  height:  and  all  stables  where 
such  cows  are  kept  shall  be  well  ventilated  and  kept  in  good,  healthful  condition; 
Care  of  d  '  '  and  ^  any  suspected  diseased  cow  or  other  animal  belongs  to  or 
about  any  dairy,  the  State  dairy  and  food  commissioner  shall  notify 
the  State  veterinarian;  and  if  any  dairy  above  stated  is  found  to  be  in  a  filthy  and 
unhealthful  condition,  the  commissioner  may  notify  the  proprietor  that  said  dairy 
must  be  put  in  a  healthful  condition  within  three  da>s.  and  should  said  proprietor 
neglect  or  refuse  to  comply  with  such  order,  then  the  commissioners  may  employ 
other  persons  to  perform  such  duty,  and  said  proprietor  shall  pay  all  expenses  of 
such  labor. 

p  ..  r  SEC.  3.  Whosoever  violates  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  $25  nor  more  than  fclUO,  or  by  imprisonment  in  the  county 
jail  not  less  than  80  days  nor  more  than  six  months.  Justices'  court s»shall  have 
jurisdiction  of  all  cases  arising  under  this  act. 

Adultemtion  defined.      ?KC'*\An  f F?Cle^-f  ^  OT  drlnk  °/flmedicfine  ,is  deeil'ed  tO 
be  adulterated  w.thin  the  meaning  of  this  act.  when: 

1.  Any  substance  or  substances  have  been  mixed  with  it  so  as  to  reduce  or  lower 
or  injuriously  affect  its  quality  or  strength. 

'2.  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted, 
wholly  or  in  part  for  it. 

3.  If  any  valuable  constituent  has  been  wholly  or  in  part  abstracted  from  it. 

4.  If  it  is  an  imitation  of  or  is  sold  under  the  name  of  another  article. 

5.  If  it  is  colored,  coated,  or  powdered  or  polished,  whereby  damage  is  concealed, 
or  if  it  is  made  to  appear  better  or  of  greater  value,  as  compared  with  the  total 
solids,  than  it  really  is:  Provided.  Jtowtver,  That  salt  and  annotto.  or  butter  color, 
in  which  annotio  is  the  principal  ingredient,  shall  not  be  considered  an  adulter- 
ation when  used  in  dairy  products. 

Butter  standard.     6.  Butter  that  contains  more  than  14  per  cent  water. 
Milk  standard.    ?.  Milk  that  contains  more  than  s'8  per  cent  water. 
8.  Milk  that  contains  less  than  8  per  cent  butti  r  iat. 

'.».  Milk  that  contains  less  than  8  per  cent  solids,  other  than  butter  fat.  and  less 
than  1.0 ,8  specific  gravity  after  cream  has  been  removed. 

Cheese  standard      ^-  Cheese  that  contains  less  than  40  per  cent  butter  fat,  as  com- 
pared with  total  solids. 
Cream  standard.     1 1.  (.ream  that  contains  less  than  20  per  cent  butter  fat. 

12.  Condensed  milk  that  contains  less  than  12  per  cent  of 

Condensed  milk  standard,    milk  solids  in  pure  muk,  25  per  cent  of  which  shall  1  e  pure 
fat. 

#  *  *  *  •::-  *  -::• 

SEC.  5.  That  at  the  general  election  held  in 

Dairy  and  food  commissioner;  term;  sal.r,.  JunQ  ^^  there  shall  be  elected  by  the  elect- 
ors  of  the  State  of  Oregon  a  commissioner,  who  shall  be  known  as  the  Oregon  dairy 
and  food  commissioner,  wiio  shall  hold  his  office  for  the  term  of  font  years,  and 
Tintil  his  successor  is  elected  and  qualified,  who  shall  qualify  within  :5<)  days  fr<>m 
the  time  of  his  election  by  taking  and  fi  ing  an  oath  to  faithfully  perform  the 
duties  of  said  office  with  the  secretary  of  State,  and  shall  receive  for  his  salary  the 
sum  of  $1  ,<>()0  per  year  and  his  actual  traveling  expenses  and  the  expenses  incurred 
in  the  discharge  of  the  duties  of  said  office:  Prorid<'il,  That  at  the  regular  session 
of  the  legislative  a  ;sembly  now  in  session  there  shall  be  elected,  as  provided  by 
law,  a  commissioner  who  shall  be  known  as  the  Oregon  dairy  and  food  commis- 
sioner, who  shall  hold  his  office  until  the  e  ection  of  said  commissioner  by  the 
electors  of  the  State  of  Oregon  and  until  such  commissioner  shall  have  qualified 
as  aforesaid.  The  person  elected  a>  such  commissioner  shall 
'''"•  be  well  qualified  in  dairy  matters,  and  qualified  to  give 
theoretical  and  practical  instruction  in  dairying:  and  it  shall  1  e  the  duty  of  such 
commissioner  to  give  practical  and  theoretical  instructions  in  dairy  matters,  when- 
ever and  wherever  opportunity  offers  within  the  State,  and  to  collect  and  dissemi- 
nate such  information  as  is  calculated  to  develop  the  dairy  interests  within  the 
f._  State.  The  said  commissioner  shall  establish  his  office  in  the  city  of  Port- 
re'  land,  in  this  Stat  •.  and  shall,  nyon  complaint  being  inadf  by  any  citi/.en  of 
the  State  of  Oregon,  or  without  nnch  complaint  if  in  his  opinion  necessary,  exam- 
ine into  any  case  of  violation  or  of  supi>osed  violation  of  iho  provisions  of  this  act 
»e  title*  *or  an>'°^  them.  The  said  commissioner  may  appoint  one  deputy  in  each 
county  in  this  State,  said  deputy's  duties  and  compensation  to  be  pre- 


84 

scribed  by  the  <  ommissioner;  said  deputy  or  deputies  to  be  compensated  by  the 
commissioner.  It  shall  be  the  duty  of  said  commissioner  to 
visit  and  inspect  each  and  every  creamery  operated  within  the 

State  of  Oregon  at  least  once  each  year. 

SEC.  6.  It  shall  be  the  duty  of  the  chemist  of 

(hem.st  of  agr.cuiturai  college  to  ass.st.  the  gtatg  agrjcnlmral  coll£ge  to  COrrectly  an- 
alyze any  and  all  substances  the  said  commissioner  may  send  him  for  the  purpose 
of  carrying  out  the  provisions  of  this  act.  and  his  certificate  of  analysis  shall  be 
prima  t'acie  evidence  in  all  courts  of  justice. 

SEC-.  ?.  The  said  commissioner,  and  such    chemists    and 
•    experts  or  agents  as  he  shall  duly  authorize  for  the  purpose, 

shall  have  access  to,  egress,  and  ingress  to,  all  places  of  business,  factories,  stores, 
larm  buildings,  carriages,  cars,  vessels,  and  implements  used  in  the  manufacture, 
production,  or  sale  of  any  lood.  drinks,  or  medicines  or  fertilizers;  and  they  also 
have  the  power  and  authority  to  open  any  package,  case,  or  vessel  containing  such 
articles  which  may  be  manufactured,  sold,  or  e>  posed  for  sale:  and  any  manufac- 
turer, dealer  hotel,  or  re*tanrant  keeper  shall  deliver  to  the  commissioner,  or  his 
deputy,  any  samples  of  tood.  drinks,  or  medicines  or  fertilizers  for  analyzing  or 
testing  upon  a  tender  of  the  price  thereof  in  money. 

Commissioner  reports  to  the  legislature.      SEC'  *;  Said  commissioner  shall  keep  a  full  and 

correct  account  of  all  business  done  by  him  or 
his  experts,  chemists,  or  agents,  and  report  the  same  to  the  legislature. 

SEC.  9.  In  all  prosecutions  under  this  act  the  fine 

Fines  to  iro  to  common  school  fund.  c  ,,      ,  *  ,  ,  -,          .,       , ,  ,     ,, 

or  fines  collected  by  and  under  the  same  shall  go  to 

the  common  school  fund  of  the  State:  provided,  that  all  such  moneys  shall  be  trans- 
mitted to  the  State  treasury  at  the  State  capital  by  the  officer  collecting  the  same: 
Provided,  further,  That  the  State  treasurer  shall  forward  a  duly  certified  receipt 
and  shall  credit  all  such  accounts  to  the  common  school  fund. 

,  SEC.  10.  In  all  prosecutions  under  the  provisions  of  this  act 
*  relating  to  the  sale  of  diseased  foods,  or  that  which  is  unclean, 
impure  or  unhealthy,  milk  drawn  from  cows  for  15  days  before  and  5  days  next 
after  parturition,  or  from  cows  fed  on  unwholesome  food,  or  any  calf  that  has 
been  slaughtered  under  the  age  of  four  weeks,  shall  be  deemed  and  declared 
unclean,  impure,  and  unwholesome. 

Useoffl.    i     nds    SEC.  11.  Any  person  who  shall  use  the  box,  boxes,  or  brands  used 
'    by  any  creamery  or  dairyman  for  the  purpose  of  selling  the  but- 
ter of  any  other  creamery  or  dairyman  shall  be  subject  to  all  the  fines  and  penal- 
ties provided  for  in  this  act. 

SEC.  12.    Every   person    who  sells    oleomar- 
Salesofin.,tat.onda,rydpro,iuct8tobere,     garine.  butterine    or    any   imitation    butter 

whatsoever,  or  other  imitation  dairy  products, 

in  this  State,  shall  keep  a  sale  book  in  which  all  sa  es  shall  be  entered  at  the  time 
of  sale.  Said  sale  book  shall  state  the  amount  sold,  together  with  the  name  and 
address  of  the  purchaser,  and  said  sale  book  shall  be  open  to  the  inspection  of  the 
State  food  commissioner  or  his  agents  at  all  times. 

SEC.  18.  Every  railroad  company  or  other  trans- 
Transportation  ™™panies  t«  siTe  lnfor-  portation  company  in  this  State,  upon  application 

of  the  State  food  commissioner  or  his  authorized 

agent,  shall  give  the  name  and  address  of  any  shipper  or  consignee  of  any  sup- 
posed diseased  meats  or  foods  of  any  kind. 

SEC.  14.  Every  person  or  company  who  manufac- 
Annual  reports  from  butter  and  cheese  tures  for  sale)  in  quantities  exceeding  25  pounds 

per  week,  butter  or  cheese  in  this  State,  shall  re- 
port to  the  food  commissioner  annually  each  year,  as  follows: 

First— Name  and  address  of  manufacturer. 

Second— Name  and  address  or  owner  of  cows. 

Third— Number  of  pounds  of  milk  purchased. 

Fourth— Total  number  of  pounds  of  milk  used  in  the  manufacture  of  butter, 
and  the  number  of  pounds  used  in  making  cheese. 

Fifth — Number  of  pounds  of  butier  and  cheese  made. 

Sixth— N  umber  of  pounds  of  butter  and  cheese  sold:  Provided,  That  the  amount 


85 

of  butter  or  cheese  made  by  any  such  person  shall  not  be  published  if  the  maker 
requests  that  it  shall  not  be  done. 

*  *  *  *  #  *  * 

R       .      SEC.  16.  All  acts  and  parts  of  acts  in  conflict  with  the  above  provisions 
of  this  act  are  hereby  repealed. 

PENNSYLVANIA.' 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  673-680,  for — 

Session  of  1893.  No.  96  (sections  1-7).— An  act  to  enlarge  the  powers  of  the  State 
board  of  agriculture,  to  authorize  the  said  board  to  enforce  the  provisions  of  the 
act  entitled  "An  act  for  the  protection  of  the  public  health  and  to  prevent  adul- 
teration of  dairy  products  and  Jraud  in  the  sale  thereof,"  approved  May  til,  A.  L). 
1885,  and  of  othe  •  acts  in  relation  to  dairy  products;  to  authorize  the  appointment 
of  an  agent  of  the  said  board  who  shall  be  known  as  the  "  dairy  and  food  com- 
missioner." and  to  define  his  dutiesaud  fix  his  compensation,  being  supplementary 
to  an  act  entitled  -'An  act  to  establish  a  State  board  of  agriculture,"  approved  May 
8,  A.  D.  1876.  (Approved  May  2i5,  189:1) 

Session  of  1895,  No.  8.  section  4. — An  act  to  establish  a  department  of  agricul- 
ture ami  to  define  its  duties  and  provide  for  its  proper  administration.  (Approved 
March  13,  1895.) 

Session  of  1895.  No.  457  (section  1). — An  act  to  enlarge  the  duties  of  the  State 
food  commissioner,  authorizing  him  to  enforce  all  laws  against  the  adulterations 
or  impurities  in  vinegar,  jellies,  cider,  evaporated  apples  and  all  apple  products, 
and  the  unlawful  labeling  in  the  State  of  Pennsylvania.  (Approved  July  5. 1895. ) 

Session  of  1897,  No.  118  (sections  1-4). — An  act  to  prohibit  the  adulteration  or 
coloring  of  milk  or  cream  by  the  addition  of  so-called  preservatives  or  coloring 
matter,  and  to  provide  for  the  enforcement  of  the  same.  (Approved  June  10, 
1897.) 

Session  of  1885,  No.  186  (sections  1-9). — An  act  to  prevent  the  adulteration  of 
and  the  traffic  in  impure  and  unwholesome  milk  in  cities  of  the  second  and  third 
class.  (Approved  July  7.  1885.) 

Session  of  1869.  No.  56  (section  1). — An  act  to  authorize  the  councils  in  cities  and 
boroughs  in  this  Commonwealth  to  provide  for  the  inspection  of  milk.  (Approved 
April  20,  1869. ) 

Session  of  1878.  No.  183  (sections  1-6). — An  act  to  prevent  the  adulteration  of 
milk  and  prevent  the  traffic  in  impure  and  unwholesome  milk.  (Approved  May 

25,1878.) 

Session  of  189"),  No.  25S.  sections  14-17.— An  act  creating  a  bureau  of  health  in 
the  department  of  public  safety  in  cities  of  the  second  class.  (Approved  June  26, 
1895. ) 

Session  of  1897,  No.  164  (sections  1-4). — An  act  to  prevent  fraud  and  deception 
in  the  manufacture  and  sale  of  cheese  and  defining  what  shall  constitute  the 
various  grades  of  cheese,  providing  rules  and  regulations  for  marking  and  brand- 
ing the  same,  providing  for  the  enforcement  of  this  act,  prescribing  penalties  for 
its  violation.  (Approved  June  23,  1897.) 

Session  of  1893.  No.  65  (sections  1-3).— An  act  to  prohibit  the  use  of  any  adul- 
teration or  imitation  of  dairy  products  in  any  charitable  <>r  penal  institution,  being 
supplementary  to  an  act  entitled  "An  act  for  the  protection  of  the  public  health 
and  to  prevent  adulteration  of  dairy  products  and  fraud  in  the  sale  thereof." 
approved  May  21,  A.  D.  1885.  (Approved  May  23,  1893.) 

Session  of  1895.  No.  233  (sections  1-6).— An  act  to  provide  against  the  adultera- 
tion of  food  and  providing  for  the  enforcement  thereof.  (Approved  June  26, 
1895.) 

[The  State  department  of  agriculture  rej)orts  that  No.  236.  session  of  18H5.  con- 
cerning preservatives,  was  repealed  by  No.  1  is,  session  of  1897;  and  No.  25.  ses- 
sion of  1*85,  concerning  imitations  of  butter  and  cheese,  was  repealed  by  No.  136. 
session  of  189!).  I 


enforcement  i-  in  the  charge  of  the  authorities  of  the  cities  concerned. 


iipjily  of  rrrtiiin  claswH  of  oiii«>8,  and  their 
e  cities 


86 
Recently  enacted : 

SESSION  OF  1899,  No.  121. 

AN  ACT  to  regulate  the  sale  of  butter  produced  by  taking  original  packing  stock  and  other 
butter  and  melting  the  same,  so  that  the  butter  oil  can  be  drawn  off, mixed  with  skimmed 
milk  or  other  material,  and  by  emulsion  or  other  process  produce  butter,  and  butter  produced 
by  any  similar  process,  and  commonly  known  as  '•  Boiled  "  or  "  Process  ''  butter:  providing  for 
the  enforcement  thereof,  and  punishment  for  the  violation  of  the  same.  <  Approved  May  4. 
1899.) 

SECTION  1.  That  no  person,  firm,  or  corporate  body  shall,  within  this  State,  sell, 
or  offer  or  expose  for  sale,  or  have  in  his,  her,  or  their  possession  with  intent  to 
sell,  any  butter  not  labeled  in  compliance  with  the  provisions  of  this  a2t.  Butter 

produced  by  taking  original  packing  stock 
Butter  produced  from  melted  butter,  etc..  to     *.q  _«.>>__  v,V,n-«,.  „„  i  m«i4.;,    ,  +v« 

be  labeled  «  Renovated  Butter."  *?*  °^  butter  and  melting  the  same,  so 

that  the  butter  oil  can  be  drawn  oft,  mixed 

with  skimmed  milk  or  other  material,  and  by  emulsion  or  other  process  produce 
butter,  and  butter  produced  by  any  similar  process,  and  commonly  known  as 
"Boiled"  or  "Process"  butter,  shall  before  sale,  and  1  et'ore  being  offered  or 
exposed  for  sale,  and  while  in  the  possession  of  any  person,  firm,  or  corporate  body 
with  intent  to  sell  the  same,  be  plainly  labe'ed  "  Renovated  Butter,"  in  the  manner 
H  n  to  be  marked  Prescrihe^  nv  tnis  act-  ^  sold,  offered  or  exposed  for  sale,  or  in 
possession  of  any  person,  firm,  or  corporate  body  with  intent  to 
sell  the  same  in  prints  or  rolls,  the  prints  or  rolls  shall  be  covered  by  wrapper's, 
on  which  shall  be  printed  in  conspicuous  letters  the  words  "  Renovated  Butter." 
If  packed  in  tubs  or  other  receptacles,  and  sold  or  offered  or  exposed  for  sale,  or 
held  in  the  possession  of  any  person,  firm,  or  corporate  body  with  intent  to  sell 
the  same,  the  said  words  shall  be  printed  in  one-inch  'etters  on  the  top  and  two 
sides  of  the  tub  or  receptacla:  if  uncovered  and  not  contained  in  a  tub  or  other 
receptacle,  and  sold  or  offered  or  exposed  for  sale,  or  held  in  the  possession  of  any 
person,  firm,  or  corporate  body  with  intent  to  sell  the  same,  a  placard  containing 
the  said  words  shall  be  attached  to  the  mass,  in  a  manner  making  them  plain  and 
prominent. 

„      ..        SEC.  2.  Every  person,  firm,  or  corporate  body  who  shall  violate  any  of 
the  provisions  of  this  act  shall,  for  every  su  -h  offense,  forfeit,  and  pay  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  which  shall  be 
recoverable  with  costs,  including  expense  of  inspection  and  analysis,  by  any  per- 
son suing  in  the  name  of  the  Commonwealth,  as  debts  of  like  amount  are  by  law 
F  f  rrement      recoverable:  Provided,  That  the  Department  of  Agr  culture,  through 
its  officer  known  as  the  Dairy  and  Food  .Commissioner,  together  with 
the  deputies,  agents,  and  assistants,  shall  be  charged  with  the  enforcement  of  this 
act.  and  shall  have  full  access  to  ail  places  of  business,  factories,  buildings,  car- 
riages, cars,  vessels,  barrels,  and  packages  of  whatever  kind,  used  in  the  man- 
ufacture and  transportation  and  sale  of  any  butter,  or  of  any  adulteration  or 
imitation  thereof.     They  sha  1  also  have  power  and  authori  y  to  open  any  wl:- 
..    „     .  age,  barrel,  or  vessel  containing  any  butter,  or  any  adul- 

teration or  imitation  thereof,  which  may  be  manufactured, 
sold,  or  offered  or  exposed  for  sale,  or  held  in  possession  with  intent  of  the  holder 

to  sell:  and  they  shall  also  have  full  power  and  authority  to 

Samples  for  analysis.      .1.1  t       a.        t  t  i      •         it- 

take  the  samples  therefrom  for  analysis,  upon  tendering  the 

P          .    _  value  of  said  samples.     And  all  charges,  accounts,  and  expenses 

'  of  the  Department  for  the  enforcement  of  this  act,  through 
the  said  commissioner  and  his  deputies,  agents,  assistants,  chemists,  and  counsel 
employed  by  him  in  carrying  out  the  provisions  of  this  act,  shall  be  paid  by  the 
Treasurer  of  the  State  in  the  same  manner  as  other  accounts  and  expenses  of 
the  said  Department  are  paid.  And  all  penalties  and  costs  for  the  violation  of 
the  provisions  of  this  act  shall  be  paid  to  the  said  Dairy  and  Food  Commissioner, 
or  his  agents,  and  by  him  immediate'y  covered  into  the  State  Treasury. 

Penalt  •       ^EC-  ^'  Every  person  who  violates  any  of  the  provisions  of  this  act  shall 

}*      be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 

be  punished  by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprisonment 

in  the  count}'  jail  for  not  more  than  thirty  days,  or  both  fine  and  imprisonment. 

for  the  first  offense:  and  a  fine  of  one  hundred  dollars  and  imprisonment  for  thirty 

days,  for  every  subsequent  offense:  Provided.  That  all  fines  and  costs,  including 

the  expense  of  inspection  and  analysis  imposed  under  this  section,  shall  be  covered 

c  ^  -t      r      •  i  *•          in):o  the  State  Treasury,  as  provided  by  section  two  of  this 

act;  and  all  butter  sold"  or  offered  or  exposed  for  sale,  or  held 

in  the  possession  of  any  one  with  intent  to  sell  the  same,  in  violation  of  *he  pro- 
visions of  this  act  shall  be  subject  to  forfeiture  and  spoliation. 


87 

Jurisdiction  of  rn.gistr.tes.nd  justices.    ?,EC'  4.  Magistrates  and  justices  of  the  peace 

throughout    this    Commonwealth    shall    have 

jurisdiction  to  hear  and  determine  actions  arising  for  violations  of  the  provisions 
of  this  act.  and  to  hold  for  court  or  impose  the  penalties  provided  therein,  subject 
to  appeal  as  the  law  shall  direct. 

SESSION  OF  1899.  No.  13K. 

AN  ACT  to  regulate  the  manufacture  and  sale  of  oleomargarine  and  butterine  and  other  similar 
products,  to  prevent  fraud  and  deception  by  the  manufacture  and  sale  thereof  as  an  imitation 
of  butter,  the  licensing  of  manufacturers  of  and  dealers  in  the  same,  and  providing  punish- 
ment for  violations  of  the  act  and  the  means  for  its  enforcement.  < Approved  May  5,  1899.) 

imiution  butter  prohibited.    S^.  1-  That  no  person  firm,  or  corporate  body,  by  him- 
self, herself,  or  themselves,  or  by  Ins.  her.  or  their  agents 

or  servants,  shall  render  or  manufacture,  sell,  ship,  consign,  offer  for  sale,  expose 
for  sale,  or  have  in  his.  her,  or  their  possession,  with  intent  to  sell,  any  article, 
product,  or  compound  made  wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous 
substance,  or  compound  thereof,  not  produced  from  unadulterated  milk  or  cream 
from  the  same,  without  the  admixture  or  addition  of  any  fat  foreign  to  the  said 
milk  or  cream,  and  which  shall  be  in  imitation  of  yellow  burter.  produced  from 
pure,  unadulterated  milk  or  cream  of  the  same,  with  or  without  coloring  matter: 

Oleom.nr.rine  permitted  if  uncolored,  etc.     Provider!    That  nothing  in  this  act  shall  be 

construed  to  prohibit  the  manutacture  or 

sale,  or  offering  or  exposing  for  sale,  or  having  in  possession  with  intent  to  sell, 
oleomargarine  or  butterine  or  any  sirniliar  substance,  free  from  coloration  or 
ingredients  that  cause  it  to  look  like  butter,  and  in  a  separate  and  distinct  form, 
and  in  such  manner  as  will  advise  the  consumer  of  its  real  character,  if  the  per- 
son, firm,  or  corporate  bodv  who  shall  manufac- 

M.-imifaoturers  and  sellers  to  be  licensed.  _^  -      ,, 

ture.  sell,  or  offer  or  expose  for  sa'e,  or  have  in 

his,  her,  or  their  possession,  with  intent  to  sell,  any  of  the  said  substances,  shall 
first  obtain  a  license,  and  pay  a  license  fee,  as  hereinafter  provided,  and  shall  in 
all  other  respects  comply  with  the  provisions  of  this  act. 

SEC.  2.  It  shall  be  unlawful  for  any  person,  firm,  or  corporate 

Packages  to  be  marked.      ••      i  n  &•  *  i 

body  to  sell,  or  offer  or  expose  for  sale,  or  have  in  possession 

with  intent  to  se  1,  oleomargarine,  butterine  or  any  similar  substance,  not  marked 
and  distinguished  on  the  out-dde  of  each  tub,  package,  or  parcel  thereof,  in  a  con- 
spicr.ons  place,  by  a  placard  with  the  word  "oleomargarine"  or  "butterine,"  and 
not  having  also  upon  every  open  tub,  package,  or  parcel 
PUc.rdstobedi.pl.red.  thereof  in°a  consp^cnoU8  place,  a  pla  -ard  with  the  word 

'•  oleomargarine"  or  '•  butterine,"  such  placard  in  each  case  to  be  printed  in  plain, 
uncondensed  Gothic  letters,  not  less  than  one  inch  long,  and  such  placard  shall  not 

contain  anv  other  words  thereon,  and  everv  print 

Small  parcels  to  be  wrapped  in  sUmped      Qr   roll   gbaU   be   wiappe(1   in    wrappers    plainlv 

stamped  on  the  outside  thereof  with  the  words 

"oleomargarine"  or  "butterine."  and  where  oleomargarine  or  butterine  or  other 
similar  product  is  sold  from  solid  packages,  before  being  delivered  to  the  p  ir- 
cliaser  it  shall  be  wrapped  by  the  seller  thereof  in  a  wrapper  plainly  stamped 
on  the  outside  thereof  "oleomargarine"  or  "butterine."  and  said  wrapper  shall 
contain  no  other  words. 

SEC.  3.  Every  person,  firm,  or  corporate  body,  and 

Manufacturers^  dealers  to  obtain  •   every  agentof  such  person,  firm,  or  corporate  bo  ly. 

who  shall  manufacture,  sell,  or  offer  or  expose  for 

sale,  or  have  in  his.  her,  or  their  possession  with  intent  to  sell,  oleomargarine,  but- 
terine. or  any  similar  substance,  shall  first  obtain  from  the  Department  of  Agri- 
culture through  its  agent,  the  Dairy  and  Food  Commissioner,  a  license  authoriz- 
ing him,  her  or  them  to  engage  in  the  manufacture  or  sale  of  ole  miar^arine  or 
butterine  or  similar  substance,  for  which  said  license  he,  she.  or  they  shall  pay.  if 
a  manufacturer,  the  annual  sum  of  one  thousand  dollars:  if  u  whole- 
f**'    saler.  the  annual  sum  of  five  hundred  dollars:  audit'  a  retailer,  the 
annual  sum  of  one  hundred  dollars:  if  a  restaurant  keeper,  or  a  hotel  proprietor, 
the  annual  sum  of  fifty  dollars:  ami  if  a  boarding-house  keeper,  the  annual  sum 
of  ten  dollars:  and  the  said  license  fee  when  received  by  the  Dairy  and  Food  Com- 
missioner or  his  agent  shall  be  by  him  immediately 

» .-.  to  be  covered  into  Trea«ury.  ere<|  mto  the  state  Treasury.  And  after  ..l.tain- 
ing  the  license  required  by  this  section,  before  any  person,  firm  or  corporate  body 
shall  manufacture,  sell,  or  offer  or  expose  for  sail-,  or  have  in  his.  her.  or  their 
possession  with  intention  to  pell,  oleomargarine  or  butterine  or  any  similar  sub- 


88 

Signs  to  be  obtained  from  commissioner.    8taT1Ce<   h+6'  she    or    they   shall    be  required  to 

procure  from  the  Department  of  Agriculture. 

through  the  Dairy  and  Food  Commissioner,  a  sign  or  signs,  as  the  Dairy  and  Food 
Commissioner  shall  determine,  which  in  size  and  lettering  shall  be  as  the  Dairy 
and  Food  Commissioner  shall  direct,  and  shall  be  uniform  throughout  the  Com- 
monwealth, clearly  setting  forth  that  he,  she.  or  they  are  engaged  in  the  manufac- 
ture or  sale  of  oleomargarine  or  butterine  or  any  other  similar  substances,  as  the 

SUns  to  be  conspicuously  hung.    C£S? J^^'  Which.  Sald  S^n  ?r  SiSn8> ,when  Procured, 
snail  be  hung  up  in  a  conspicuous  place  or  places  on 

the  walls  of  the  rooms  or  store  in  which  the  oleomargarine  or  butterine  or  other 
similar  substance  is  manufactured  or  sold:  Proi'ided.  That  peddlers  and  others 

Delivery  yehicles  to  be  marked.     wh1°  m*?  *a™  obtained  a  license  as  herein  required, 
and  who  shall  sell,  otter  or  expose  tor  sale,  or  have  in 

their  possession  with  the  intent  to  sell,  oleomargarine  or  butterine  or  any  similar 
substance,  upon  the  public  streets  or  ways,  may  sell  or  offer  or  expose  for  sale,  or 
have  in  their  possession  with  intent  to  sell,  the  same,  if  the  cart,  wagon  or  vehi- 
cle, or  receptacle  in  which  the  oleomargarine  or  butterine  or  other  substance  is 
contained,  is  marked  or  placarded  on  two  sides  of  the  exterior  of  said  vehicle  or 
receptacle  in  uncondensed  Gothic  letters,  not  less  than  four  inches  in  length,  with 
the  words  '•  Licensed  to  sell  oleomargarine"  or  "  Licensed  to  sell  butterine,''  and 
if  they  shall  in  all  other  respects  comply  with  the  provisions  of  this  act.  All 
Licenses  expire  December  31 .  ^censes  under  this  act  shall  expire  on  the  thirty-first  day 
ot  December  of  each  year;  but  licenses  may  be  granted 

the  first  of  any  month  for  the  remainder  of  a  year  upon  the  payment  of  a  proportion- 
ate part  of  an  annual  license  fee.  Wholesale  dealers  within  the  meaning  of  this 

act,  shall  be  all  persons,  firms,  and  corporate  bodies 

\\  holesale  and  retail  dealers  defined.         ,        in       n  ,      -, 

who  shall  sell  to  dealers,  and  persons  who  shall  buy 

to  sell  again,  and  all  persons,  firms  and  corporate  bodies  who  make  sales  in  quan- 
tities of  ten  pounds  and  over  at  any  time;  and  retail  dealers  shall  be  all  persons, 
firms  and  corporate  bodies  who  shall  sell  in  quantities  less  than  ten  pounds. 

„ (  ..  SEC.  4.  Every  person,  firm,  or  corporate  body  who  shall  manufacture, 
sell,  or  offer  or  expose  for  sale,  or  have  in  his,  her,  or  their  possession 
with  intent  to  sell,  oleomargarine  or  butterine  or  any  similar  substance,  in  viola- 
tion of  any  of  the  provisions  of  this  act,  or  who  shall  in  any  other  respect  violate 
any  of  its  provisions,  shall  for  every  such  oifense  forfeit  and  pay  the  sum  of  one 
hundred  dollars,  which  shall  be  recoverable,  with  the  costs,  including  the  expense 
of  inspection  and  analysis,  by  any  person  suing  in  the  name  of  the  Commonwealth, 

as  debts  of  like  amount  are  by  law  recoverable;  and 
Just.cesot  U.e  peare^n^aldermen     iustices  of  the  peace  and  aldermen  throughout  th:s 

Commonwealth  shall  have  jurisdiction  to  hear  and 

determine  all  actions  for  recovery  of  penalties,  with  the  right  of  appeal  in  either 

party  to  the  court  of  common  pleas,  as  provided  in  existing  laws  in  suits  for 

penalties:    and  all  penalties  and  costs  imposed  and 

Pen.lt.es  go  to  State  treasury.     £ecovered  under  the  provisions  of  this  act  shall  be  paid 

to  the  Dairy  and  Food  Commissioner  or  his  agent,  and  by  him  immediately 
covered  into  the  State  Treasury.     Any  person,  firm,  or  corporation  who  shall 
manufacture,  sell,  offer  or  expose  for  sale,  or  have  in  his.  her,  or  their  possession 
with  intent  to  sell,  oleomargarine  or  butterine  or  any  other  similar  substance,  in 
violation  of  any  of  the  provisions  of  this  act,  or  who  shall  in  any  other  respect 
lt .       violate  any  of  its  provisions,  shall  also  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  for  the  first  offense  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  and  upon 
his  conviction  for  any  subsequent  offense  shall  be  punished  by  a  fine  not  less  than 
one  hundred  and  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days,  or 
by  both  fine  and  imprisonment,  at  the  discretion  of  the  court:  and  all  fines  im- 
posed upon  any  person  atter  conviction  shall  be  paid  to  the 
<urj '     Dairy  and  Food  Commissioner  or  his  agent,  and  by  him  paid 
into  the  State  Treasury. 

SEC.  5.  The  Dairy  and  Food  Commissioner  shall  be 
The  commissioner  Barged  mth  cnarged  ^h  enforcement  of  all  the  provisions  of  this 

act,  and  shall  have  the  same  power  to  enforce  its  pro- 
visions that  is  given  him  to  enforce  the  provisions  of  the  act  by  which  he  receives 
his  appointment. 

SEC.  6.  The  moneys  paid  into  the  treasury  under 

Moneys  paid  under  act  to  constitute    ^  provisions  of  this  act  shall  constitute  a  special 

fund  for  the  use  of  the  Department  of  Agriculture 


89 

in  enforcing  this  law,  and  may  be  drawn  out  upon  warrants  signed  by  the  Sec- 
retary of  Agriculture  and  approved  by  the  Auditor  General. 

Be    al      SEC.  7.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed,  but  the  repeal  of  said  acts  is  not  in  any  way  to  interfere  with  or 
prevent  the  prosecution  to  h'nal  termination  of  any  actions,  civil  or  criminal,  now 
pending  for  violations  of  said  acts. 

RHODE  ISLAND. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  680-683,  for — 

General  laws  of  1896,  chapter  140  (sections  1-5).  — Concerning  butter  tubs  and 
oleomargarine. 

General  laws  of  1896,  chapter  147  (sections  1-13). — Concerning  milk,  milk  meas- 
ures, and  uii.k  inspectors. 

Laws  of  1896,  chapter  333  (sections  1-3).— An  act  in  amendment  of  and  in  addi- 
tion to  chapter  147  of  the  general  laws,  entitled  "  Of  milk. "  <  Passed  May  13,  1896. ) 

Recently  enacted : 

LAWS  Of  190!),  Chapter  78~>. 

AN  ACT  in  amendment  of  and  in  addition  to  chapter  333  of  tflfc  public  laws,  entitled  liAn  act  in 
amendment  of  and  in  addition  to  chapter  147  of  the  general  laws,  entitled  '  Of  milk,'  "  passed  at 
the  January  session,  189tj.  (Passed  May  31,  1900. ) 

SECTION  1.  Anv  inspector  of  milk  in  the  city  of 
Pnmdenre  ||»P£tor?  maj appomt  t,«     Providence  now  in  office,  or  hereafter  elected 

I  Ullt7(   I  MI*   111    NitlllJtMN*  -  ,  t  •  i  t*      ,  ii  -•    j  •*>/*.  -i 

under  authority  ot  Chapter  14<  ot  tne  General 

Laws,  entitled  "Of  milk.''  or  of  any  act  in  amendment  thereof  or  in  addition 
thereto,  may  appoint,  subject  to  the  approval  of  the  mayor  and  aldermen  of  ^aid 
city  of  Providence,  two  persons  as  collectors  of  samples,  each  of  whom  shall 
have  the  same  powers  and  be  subject  to  the  same  duties  and  liabilities  pro- 
vided by  law  relative  to  collectors  authorized  by  the  provisions  of  Chapter  333  of 
the  Public  L-iws.  entitled '*  An  act  in  amendment  oc  and  in  addition  to  Chapter 
147  of  the  General  Laws,  entitled  •  Oc  Milk,"  passed  at  the  January  session,  A.  D. 
1896.  All  specimens  or  samples  taken  and  retained  by  any  such  collector  shall  be 
delivered  to  such  inspector,  who  sha.l  have  the  same  powers  and  duties  relative  to 
the  sa.ne  as  in  case  of  specimens  or  samples  taken  by  himself;  such  inspector  may 
at  any  time  dismiss  any  such  collector  and,  subject  to  the  approval  aforesaid, 
appoint  another  person  in  hisstead.  Each  su  -h  collector,  upon  appointment,  shall 
be  duly  engaged  to  the  faithful  discharge  of  his  duties  before  the  city  clerk  of  said 
city,  who  shall  keep  a  record  thereof,  and  shall  receive  such  salary  as  the  mayor 
and  aldermen  of  said  city  shall  determine. 

SEC.  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed,  and 
this  act  shall  take  effect  from  and  after  its  passage. 

SOUTH  CAROLINA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  68.3  and  084,  for  - 

Acts  of  1896,  No.  96  (sections  1-14). — An  act  to  regulate  the  sale  of  milk,  butter. 
and  cheese,  and  to  prescribe  penalties  for  the  unlawful  sale  or  exposure  for  sale  of 
any  watered  or  adulterated  or  unwholes  >me  milk  and  imitations  or  adulterations 
of  butter  and  cheese.  (Approved  March  9,  1896.) 

SOUTH  DAKOTA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  084  ami  685,  for — 

Compiled  Laws  of  Dakota,  1HH7.  Political  Code.  Article  .">.  sections  22.">0  and 
2251.— Concerning  health  officers  and  butter  and  cheese. 

Laws  of  1897,  chapter  6T>  (sections  1-6).— An  act  to  amend  sections  2246,  2248. 
and  2249  of  the  Compiled  Laws  of  1887.  the  same  being  sections  1,  3,  and  4,  chap- 


90 

ter  64,  session  laws  of  1885.  relating  to  adulteration  of  food  and  drink.     (Approved 
Alarch  3,  1897.) 


Recently  enacted: 


LAWS  OF  1899.  Chanter  89. 


AN  ACT  relating  to  the  manufacture,  sale,  compounding,  or  adulteration  of  lard,  or  any  com- 
pounds or  substitutes  thereof,  food,  jellies,  spires,  and  condiments,  baking  powders,  vinegars, 
honey,  candy,  and  other  articles  of  food,  to  prevent  fraud  and  to  preserve  the  public  health. 
(.Approved  February  28,  1899.) 

******* 

Adulterated  food  to  be  labeled.     SEC.  23.  It  shall  be  unlawful  for  any  person  or  persons 
to  offer  for  sale  to  the  residents  ot  this  State,  or  have 

in  their  possession  with  intent  to  sell.  sell,  or  cause  to  be  sold,  any  article  of  food 
\\-hatsoeverthatis  adulterated,  unless  the  package  containing  the  same  bears  a 
label  upon  the  outside  and  face  of  said  package  on  which  is  distinctly  printed,  in 
the  English  language,  and  in  legible  type  not  smaller  than  double  pica,  the  name 
and  location  of  the  person,  firm  or  corporation  manufacturing  the  same,  the  word 
••adulterated."  and  immediately  following  and  below  this  word  the  common 
English  name  of  the  article  of  food  which  the  box  or  package  contains. 

Evidence  of  violation  SEC>  24>  The  havinS  in  possession  by  any  firm,  person,  or  cor- 
poration ^py  article  or  substance  hereinbefore  described  and 
referred  to  as  adulterated  or  mixed  and  which  is  not  labeled  as  hereinbefore 
required  and  directed,  shall  be  considered  as  prima  facie  evidence  that  the  same 
is  kept  by  such  person,  firm,  or  corporation  in  direct  violation  of  tue  provisions  of 
this  Act. 

Chemist's  certificate.     SEfC"  ^  In  f11  prosecutions  arising  under  this  Act.  the  certifi- 

cate  ot  the  chemist  making  the  analysis,  when  duly  sworn  to  by 

such  analyst,  shall  be  prima  facie  evidence  ot  the  fact  or  facts  as  therein  certified. 

Adulterated  food  denned.     *™'*\  An>'  Article  of  food  shall,  for  the  purpose  of  this 
Act  be  deemed  adulterated  : 

1.  If  any  substance  or  substances  shall  have  been  mixed  with  an  article  of  food 
so  as  to  lower  or  depreciate  its  quality,  strength,  or  purity. 

2.  If  any  cheaper  or  inferior  substance  or  substances  have  been  substituted 
wholly  or  in  part  for  it. 

3.  If  any  valuable  or  necessary  constituent  or  ingredient  has  been  wholly  or  in 
part  abstracted  from  it. 

4.  If  it  is  an  Imitation  of.  or  sold  or  represented  for  sale  under  the  name  of.  any 
other  substance  or  article. 

5.  If  it  is  colored,  powdered,  or  treated  in  any  manner  whereby  damage  or 
inferiority  is  concealed. 

6.  If  it  contains  any  added  substance  or  ingredient  which  is  poisonous  or  inju- 
rious to  health. 

SEC.  27.  In  all  prosecutions  under  the  various  sections  of  this  Act.  the 
cost  thereof  shall  be  paid  in  the  manner  now  provided  by  law.  and  it 
shall  be  the  duty  of  all  prosecuting  attorneys  to  represent  and  prosecute  in  behalf 
of  the  people,  within  their  respective  counties,  all  such  cases  of  oriense  arising 
under  the  provisions  of  this  Act,  and  all  fines  imposed  shall  be  paid  into  the  State 
treasury:  Provided,  nothing  in  this  Act  shall  be  construed  to  affect  stocks  pur- 
chased, on  hand,  and  for  sale  prior  to  the  taking  effect  of  this  Act. 


Penalt  ^EC'  "^'  An-v  Person  violating  any  of  the  provisions  of  this  Act  shall  be 
*  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  (25)  dollars,  nor  more  than  fifty  (50)  dollars 
and  costs,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor 
more  than  ninety  days. 

Re      j      SEC.  29.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

TENNESSEE. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  686-688,  for— 

Acts  of  1879,  chapter  169  (sections  1-4).  —  An  act  to  prevent  fraud  in  the  sale  of 
butter  and  cheese.     (Approved  March  26,  1879.) 


91 

Acts  of  1895,  chapter  101  (sections  1-6).  —  An  act  to  provide  for  labeling,  stamp- 
ing. or  marking  oleomargarine,  butterine.  and  imitation  butter,  and  to  provide 
against  coloring  the  same,  and  fixing  the  punishment  tor  violation  of  this  act. 
(Approved  April  10.  1895.) 

Public  Acts  of  1897.  chapter  45  (sections  1-8).  —  An  act  to  prevent  the  adultera- 
tion and  misbranding  of  food  and  drink  and  the  deception  in  the  sale  of  the  same 
in  Tennessee,  and  to  fix  the  penalty  for  the  violation  of  this  act.  (Approved 
March  24,  1897.) 

TEXAS. 

REVISED  STATUTES  OF  TEXAS.  1895.  Title  21.  Chapter  2. 

ARTICLE  642  [5(56]  The  purposes  for  which  private  corporations  may  be  formed 
are  — 

SEC.  5'2.  The  establishment  and  carrying  on  of  dairies  and  creamery  companies. 
******* 

UTAH. 

[Chapter  63.  of  the  Laws  of  1894.  on  page  689.  of  the  Fourteenth  Annual  Report 
of  the  Bureau  of  Animal  Industry,  was  repealed  by  section  19  of  chapter  60  of 
the  Laws  of  1896.J 

The  following  acts  are  now  in  force: 

LAWS  or  1890,  Chapter  60. 

AN  ACT  to  prevent  deception  and  fraud  in  the  sale  of  dairy  products  and  to  regulate  the  sale 
and  manufacture  of  oleomargarine  and  similar  products  and  to  prohibit  the  sale  of  filled 
cheese  and  to  repeal  chapter  t>5  of  the  session  laws  of  1894,  Territory  of  Utah.  <  Approved 
March  21,  1896.  ) 

SECTION  1.  Any  person  who  shall  sell  or  offer  for  sale 

S.le  or  delivery  of  impure  milk.      of  f  ^.        m.  ^  ^    Qr  haye  in  }^  possegsion 


intent  to  sell  or  offer  for  sale  or  furnish  or  deliver  to  any  creamery,  cheese  factory. 

corporation,  person  or  persons  whatsoever,  as  pure,  wliolesome.  and  unskimmed, 
any  unmerchantable,  adulterated,  impure,  or  unwholesome  milk,  shall 
upon  conviction  thereof  b^  punished  by  a  fine  of  not  less  than  ten  nor 

more  than  one  hundred  dollars  for  each  and  every  offense. 

SEC.  2.  In  all  prosecutions  or  other  proceedings  under  this 
Impure,  etc.,  ml  led.      or  &ny  Qther  ]&w  Qf  th-g  gtate  re!ating  to  the  sale  or  fur. 

nishing  of  milk,  if  it  shall  lie  proven  that  the  milk  sold  or  offered  for  sale,  or  fur- 
nished or  delivered,  or  had  in  possession  with  intent  to  sell  or  offer  for  sale,  or  to 
furnish  or  deliver  as  aforesaid,  as  pure,  wholesome,  and  unskimmed,  has  been 
diluted  or  any  part  of  its  cream  abstracted,  or  that  it  or  any  part  of  it  was  drawn 
from  any  cow  within  twenty  days  before  or  five  days  after  parturition  or  from 
any  cow"  that  has  any  d'sease  or  ulcer  or  other  running  sore,  then  and  in  either 
case  the  said  milk  shall  be  held,  deemed  and  adjudged  to  have  been  unmerchant- 
able and  adulterated,  impure,  or  unwholesome,  as  the  case  may  be. 

SEC.  3.  No  person,  by  himself  or  by  his  agents  or  servants, 

led>     shall  sell,  exchange,  or  deliver,  or  have  in  his  custody  or  pos- 

session with  intent  to  sell,  exchange,  or  deliver  milk  from  which  the  cream  or 

any  part  thereof  lias  been  removed,  un'es*  in  a  conspicuous  place  above  the  center 

uj>on  the  outside  of  every  vessel,  can.  or  package,  from  or  in  which  such  milk  is 

sold,  the  words  ••Skimmed  milk  "  are  distinctly  marked  in  nncondensed  Gothic 

letters  not  less  than  one  inch  in  length,  said  skim  milk  to  con- 

ta.n  not  less  than  nine  per  centum  of  milk  solids  exclusive  of 

fats.     Whoever  violates  the  provisions  of  this  section  shall  bo  deemed  guilty  of  a 

misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 

one  hundred  dollars  for  each  and  every  offense. 

SKC.  4.  Proof  of  adulterations  and  skimming  may  be 
|OB-    made  with  such  standard  testa  and  lactometers  as  are 
used  to  determine  the  quality  of  milk  or  by  chemical  analysis. 

SEC.  5.  Any  person  who  shall  sell  or  offer  for  sale,  consign. 

or  have  in  his  possession  with  intent  to  sell  to  any  person  or 

persons,  any  milk,  cream,  butter,  cheese,  or  other  dairy  products,  or  who  shall 


92 

deliver  to  any  creamery  or  cheese  factory  milk  or  cream  to  be  manufactured 

into  butter  or  cheese,  to  which  horacic  acid,  or  salicylic  acid,  or  compounds  con- 

taining them,  or  other  antiseptics  injurious  to  health,  have  been  added,  shall  be 

.         guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be  punished  by  a 

fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars  for  each  and 

every  offense. 


Filled  cheese  prohibited.    SE  c,  6"  No  Pei?on'  b?  ^"f  "  or  b£  his  agents  or  servants. 
shall  manufacture,  or  shall  buy.  sell,  or  offer  ship,  consign, 

expose,  or  have  in  his  possession  for  sale  any  cheese  manufactured  from  or  by  the 
use  of  skimmed  milk  to  which  there  has  been  added  any  fat  which  is  foreign  to 
sach  milk. 

size  of  skim  milk  cheese  regulated      SEC'  7<  No  Person-  b?  himself  or  by  his  agents  or 
ted'     servants,  shall  manufacture,  or  shall  buy,  sell,  ship, 

consign,  expose,  or  have  in  his  possession  for  sale,  within  this  State  any  skimmed 
milk  cheese,  or  cheese  manufactured  from  milk  from  which  any  of  the  fats  origi- 
nally contained  therein  has  been  removed,  except  such  cheese  is  not  less  than  9 
nor  more  than  11  inches  in  diameter,  and  not  less  than  9  inches  in  height. 

Imitation  of  vellon  butter  prohibited.     SEC"  8.  No  person  by  himself  or  by  his  agents  or 

servants,  shall  render  or  manufacture,  sell,  ship, 

consign,  offer  for  sale,  expose  for  sale,  take  orders  for  the  future  delivery  of,  or 
have  in  his  possession  with  intent  to  sell,  any  article,  product,  or  compound  made 
wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  substance  or  compoiind  thereof, 
not  produced  from  unadulterated  milk  or  cream  from  the  same,  and  without  the 
admixture  or  addition  of  any  fat  foreign  to  said  milk  or  cream,  which  shall  be  an 
imitation  of  yellow  butter  produced  from  pure,  unadulterated  milk  or  cream  of 

the  same,  with  or  without  coloring  matter:  Pro- 

Unoolored  oleomarirarme  permitted.          .",  %    „,,'    ,         ...  ,     ,    §,  ,  , 

vided,  That  nothing  in  this  act  shall  be  construed 

to  prohibit  the  manufacture  or  sale  of  olemargarine  in  a  separate  and  distinct  form 
and  in  such  manner  as  will  advise  the  consumer  of  its  real  character  free  from 
coloration  or  ingredient  that  causes  it  to  look  like  butter,  and  free  from  any  word, 
brand,  or  marking,  either  upon  the  package  or  upon  any  wrapper  or  upon  the  con- 
tents of  the  same,  which  would  in  any  wise  tend  to  deceive  the  purchaser  or 
consumer. 


to  any  person  who  asks,  sends,  or  inquires  for  butter,  any  oleomargarine,  butterine, 
or  any  substance  made  in  imitation  or  semblance  of  pure  butter  not  made  entirely 
from  the  milk  of  cows,  with  or  without  coloring  matter. 

SEC.  10.  It  shall  be  unlawful  for  any  person  to 
Oleomanranne,  etc.,  to  be  labeled.     expose   ^   ^   oleomargarine>    butterine,  or  any 

similar  substance  not  marked  and  distinguished  on  the  outside  of  each  tub.  pack- 
age, or  parcel  thereof  by  a  placard  with  the  word  '  •  oleomargarine  "  and  not  having 
also  upon  the  exposed  contents  of  every  open  tub,  package,  or  parcel  thereof  a  con- 
spicuous placard  with  the  word  "oleomargarine,"  such  placard  in  each  case  to  be 
printed  in  plain,  uncondensed  Gothic  letters  not  less  than  one  inch  long,  and  such 
placard  shall  not  contain  any  other  words  thereon. 

SEC.  11.  It  shall  be  the  duty  of  every  person  who 
Sign*  where  oleomargarme  „  sold.     ^  oleomargarine<  butterine.  or  any  similar  sub- 

stance,  from  any  dwelling,  store,  office,  or  public  mart,  to  have  conspicuously 
posted  thereon  the  placard  or  sign  in  letters  not  less  than  four  inches  in  length, 
"oleomargarine  sold  here"  or  "butterine  sold  here.''  Such  placards  shall  be 
approved  by  the  dairy  and  food  inspector  of  the  town  or  city,  or  if  none  by  the 
clerk  of  the  county,  city  recorder  or  town  clerk. 

„.  SEC.  12.  It  shall  be  unlawful  for  any  person,  by  himself  or  by  his 

1  agents  to  peddle,  sell,  solicit  orders  for  the  future  delivery  of.  or 
deliver  from  any  cart,  wagon,  or  other  vehicle,  oleomargarine,  butterine,  or  any 
similar  substance,  not  having  on  the  outside  of  both  sides  of  said  cart,  wagon,  or 
other  vehicle  the  placard  in  uncondensed  Gothic  letter,  not  less  than  three  inches 
in  length,  "oleomargarine." 

SEC.  13.  It  shall  be  unlawful  for  any  person,  by  himself  or  by 
his  agents  or  servants,  to  furnish  or  cause  to  be  furnished,  in 
any  hotel,  boarding  house,  restaurant,  or  at  any  lunch  counter,  oleomargarine, 
butterine,  or  any  similar  substance  to  any  guest  or  patron  of  said  hotel,  boarding 
house,  restaurant,  or  lunch  counter,  without  first  notifying  each  guest  or  patron 
that  the  substance  so  furnished  is  not  butter. 


93 

„  ..  SEC.  14.  Any  person  who  shall  vio'ate  any  of  the  provisions  of  sections  6. 
7.  8.  9.  10.  11.  12.  13.  of  this  act  shall  l;e  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  for  the  first  offense  by  a  fine  of  not  less 
than  twenty-five  dollars;  and  upon  conviction  of  any  subsequent  offense  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  ten  days,  or  by  both  such  fine  and  imprisonment,  at  the  dis- 
cretion of  the  court. 

Pare  butter  .nd  cheese  in  SUte  institutions.      S?C'1115'    ^°   *ntt!,r     or   cheese    not    made 

wholly  and   directly  from    pure    milk    or 

cream,  salt,  and  harmless  coloring  mattt-r  shall  be  used  in  any  of  the  charitable  or 
Pen«it  Pena^  institutions  of  the  State.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  section  of  this  act.  shall,  upon  conviction  thereof, 
be  fined  not  less  than  twenty-five  or  more  than  fifty  dollars  for  the  first  offense, 
or  for  each  subsequent  offense  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  less  than  ten  nor  more  than  sixty 
days  or  by  both  such  fine  and  imprisonment. 

.  ft,i  »«.»*  *  SEC.  16.  When  complaint  shall  be  made  on  oath  to 

W»rmnt  for  unl.nful  imit.t.ons.  any  magi?trate  aathorized  to  issue  warrants  in  crimi- 
nal cases,  that  imitation  butter  or  imitation  cheese  or  any  sul  stance  designed  or 
intended  to  be  used  as  a  substitute  for  butter  or  cueese.  is  in  the  possession  or 
under  the  control  of  any  person  or  persons  contrary  to  the  provisions  of  law  of 
this  State,  and  that  the  complainant  believes  that  it  is  concealed  in  any  particular 
warehouse,  store,  or  refrigerator  for  mercantile  purposes,  the  magistrate,  if  he  be 
satisfied  that  there  is  cause  for  such  belief,  shall  issue  a  warrant  for  such  property. 

SEC.  17.  All  such  warrants  shall  be  directed  to  the  sheriff 
>ed'  of  the  county  or  his  deputy  or  to  any  constable  of  the 
county,  commanding  such  officer  to  search  the  house,  building,  store,  or  other 
place  where  imitation  butter  or  imitation  cheese  or  an}'  substance  designed  or 
intended  to  be  used  as  imitation  butter  or  cheese  for  which  he  is  required  to  search 
is  believed  to  be  concealed,  which  place  and  property  to  1  e  searched  for  shall  be 
designated  and  described  in  the  warrant,  and  to  bring  such  property  when  found 
and  the  person  or  persons  in  whose  possession  the  same  shall  lie  found  before  the 
magistrate  who  issued  the  warrant  or  before  some  other  magistrate  or  court  hav- 
ing cognizance  of  the  case. 

SEC.  18.  When  anv  officer  in  the  execution  of  a  search 
Disposition  of  articles  seized.     warrant  under  ^  provisions  of  this  act  shall  find  any 

imitation  butter  or  cheese,  or  any  substance  designed  or  intended  to  be  used  as  an 
imitation  for  butter  or  cheese  and  for  which  a  search  is  allowed  by  this  act,  all  the 
property  so  seized  shall  be  safely  kept  by  the  direction  of  the  court  or  magistrate, 
so  long  as  shall  be  necessary  for  the  purpose  of  being  produced  as  evidence  on  any 
trial:  Provided,  That  it  shall  be  the  duty  of  the  officer  who  serves  a  search  war- 
rant issued  for  imitation  butter  and  imitation  cheese  or  any 
1  e*  substance  designed  or  intended  to  be  used  as  imitation  butter 
or  cheese  and  alleged  to  be  in  his  possession  or  under  the  control  of  any  person  or 
persons  contrary  to  law,  to  deliver  to  any  person  authorized  in  writing  to  receive 
the  same,  a  true  and  perfect  sample  of  each  article  seized  by  virtue  of  such  war- 
rant, for  the  purpose  of  having  the  same  analyzed:  such  analysis  to  be  made  by  a 
chemist  of  any  State  institution  and  the  result  of  such  analysis  or  test  shall  be 
recorded  and  preserved  as  evidence,  and  the  expense  of  such  analysis  or  test,  not 
exceeding  twenty  dollars  in  any  one  case  may  l:e  included  in  the  cost  of  such 
prosecution.  If  any  sample  be  found  to  l>e  imitation  butter  or  imita- 
tion  chee-e,  or  substance  designed  or  intended  to  be  used  as  an 
imitation  for  butter  or  cheese,  and  that  the  same,  at  the  time  of  such  seizure,  was 
in  the  possession  or  under  the  control  of  any  person  or  persons  contrary  to  any  of 
the  provisions  or  requirements  of  this  act,  then  and  in  such  case  the  property  so 
seized  shall  Ve  Confiscated  under  the  direction  of  the  court  or  magistrate:  other- 
wise the  said  property  shall  be  forthwith  returned  to  the  person  or  persons  from 
whom  it  was  taken. 

SEC.   19.  Chapter  fi3  of  the  Session  Laws  of  1894,  of  the  Legislative 
Assembly  of  the  Territory  of  Utah  is  hereby  repealed. 

LAWS  OK  1897,  Chapter  54. 

AN  AC'T  Providing  for  H  State  Dairy  and  Food  CommixHioner.  and  Defining  the  Duties  thereof. 

(Approved  March  llth,  1M»7.) 

SECTION  1.  The  office  of  Dairy  and  Food  Commissioner 
'*'•     for  the  State  of  Utah  is  hereby  created.    Such  cornmis- 


94 

sioner  shall  be  appointed  by  the  Governor  (by  and  with  the  consent  of  the  Senate) 
and  his  term  of  office  shall  be  for  two  years  from  the  date  of  his  appointment: 
Provided,  That  the  term  of  office  of  the  commissioner  first  appointed  under  this 
act  shall  expire  on  the  first  Monday  in  March,  1^1)9,  and  vacancies  occurring  in 
the  office  for  any  cause  shall  be  filled  by  appointment  for  the  balance  of  the  unex- 

.  pired  term.     The  salary  of  the  commissioner  shall  be  $000  per  annum. 

arj'  together  with  his  necessary  and  actual  expens  s  incurred  in  the  discharge 
of  his  official  duty:  which  shall  be  paid  in  the  same  manner  as  toother  State 
officers:  Provided,  That  said  expenses  shall  not  exceed  $300  m  any  one  year,  and 
a  statement  of  these  expenses  with  the  proper  vouchers  attached  shall  be  filed 
with  the  State  auditor  on  or  before  December  31st  of  each  year. 

Hi  duties  ^EC'  ~  ^  snaU  oe  the  duty  of  the  commissioner  and  he  is  hereby  invested 
with  the  powers  to  enforce  all  laws  that  now  exist  or  thai:  may  hereafter 
be  enacted  in  this  State,  regarding  th9  production,  manufacture,  or  sale  of  dairy 
products  or  the  adulteration  of  any  article  of  food  or  drink  or  of  any  drug,  and 
personally  (or  by  his  deputy)  to  inspect  any  article  of  milk,  butter,  chee-e,  meat, 
vegetable,  lard,  syrup,  coffee,  or  tea,  or  any  other  article  of  food  or  drink  made  or 
offered  for  sale  within  this  Srate.  which  he  may  suspect  or  have  reason  to  believe 
to  be  impure,  unhealthy,  adulterated,  or  counterfeit  and  to  prosecute  or  cause  to 
be  prosecuted  any  person  or  persons,  firm  or  firms,  corporation  or  corporations 
engaged  in  the  manufacture  or  sale  of  any  unwholesome  adulterated  or  counterfeit 
article  or  articles  of  food  or  drink,  or  drug  contrary  to  the  laws  of  the  State. 

SEC.  3.  Said  commissioner  shall  have  power  in  the  perform- 
Powor  of  commissioner.  ,,  ,  •       cc    • 

ance  of  his  official  duties  to  enter  into  any  creamery,  factory, 

store,  salesroom,  or  other  place  or  bn  Iding  where  he  has  reason  to  believe  that  any 

food  or  drink  or  drug  is  made,  prepared,  sold,  or  offered  for  sale,  and  to  open  any 

cask.  tub.  package,  or  receptacle  of  any  kind  containing  or  supposed  to  contain, 

any  such  article,  and  to  examine  or  cause  to  be  examined  and  analy,  ed  the  contents 

thereof;  and  the  commissioner  may  seize  or  take  any  article  of  food  or  drink  or 

drug  for  analysis,  but  if  the  person  from  whom  such  sample  is  taken  shall  request 

him  to  do  so  he  shall  at  the  same  time,  and  in  the  presence  of  the  person  from 

..  whom  such  property  is  taken  securely  seal  up  two  samples  of  the 

article  seized  or  taken,  the  one  of  which  shall  be  for  examination 

or  analysis  under  the  direction  of  the  commissioner,  and  the  other  of  which  shall 

be  delivered  to  the  person  from  whom  the  articles  were  taken.     Any  person  who 

...  shall  obstruct  the  commissioner  by  refusing  to  aliow  him  en- 

'    trance  to  any  place  which  he  desires  to  enter  in  the  discharge 

of  his  official  duty,  or  who  refuses  to  deliver  to  him  a  sample  of  any  article  of  food 

or  drink  or  drug  made,  sold,  offered  or  exposed  for  sale  by  such  person,  when  the 

same  is  requested  and  when  the  value  thereof  is  tendered,  shall  be  deemed  guilty 

of  a  misdemeanor  punishable  by  a  fine  of  not  exceeding  twenty-five  dollars  for  the 

first  offense  and  not  exceeding  five  hundred  dollars  or  less  than  fifty  dollars  for 

each  subsequent  offense. 

SEC.  4.  It  shall  be  the  duty  of  the  count}-  attorney  in  any 
lst-  county  of  the  State,  when  called  upon  by  the  commissioner, 
to  render  any  legal  assistance  in  his  power  to  execute  the  laws,  and  to  prosecute 
cases  arising  under  the  provisions  of  this  act:  and  all  fines  and  assessments  col- 
lected in  any  prosecution  begun  or  caused  to  be  begun  by  said  commissioner  shall 
be  paid  into  the  State  treasury. 

...          .      SEC.  5.  Said  commissioner  shall  make  a  biennial  report  to  the  Gov- 

"    ernor.  which  shall  contain  an  itemized  account  of  all  expenses 

incurred  and  fine-;  collected,  with  such  statistics  and  other  information  as  he  may 

regard  of  value:  and  with  the  consent  of  the  Governor  not  exceeding  one  thousand 

copies  thereof,  may  be  published  annually  as  other  official  reports  are  published. 

in  effect.     SEC.  6.  This  act  shall  take  effect  upon  approval. 

VERMONT. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  689-691,  for— 

Vermont  Statutes,  1894.  sections  4300.  4327-1340,  4975,  and  4976.— Concerning 
milk,  butter,  cheese,  and  imitations. 


95 
Recently  enacted : : 

LAWS  OF  1898,  No.  81. 

AX  ACT  for  the  protection  of  dairymen,  relating  to  testing  milk  and  cream.     (Approved 

November  19. 1898 .) 

Test  bottles,  etc.,  to  be  accurate.    SECTION' 1    All  bottles,  pipettes,  or  other  measuring 

glasses  used  by  any  person,  firm,  or  corporation,  or 

their  agents  or  employees,  at  any  creamery,  butter  factory,  cheese  factory,  or  con- 
densed milk  factory,  or  elsewhere  in  this  State,  in  determining  by  the  Babcock  test, 
or  by  any  other  test,  the  value  of  milk  or  cream  received  from  different  persons  or 
parties  at  such  creameries  or  factories,  shall,  before  such  use, be  tested  for  accuracy 

GlassWare  to  be  examined  at  dairy  school.    of  measurement  and  for  accuracy  of  the  per 

cent  scale  marked  thereon.    It  shall  be  the  duty 

of  the  superintendent  of  the  dairy  school  of  the  University  of  Vermont  and  State 
Agricultural  College  to  designate  some  competent  person  to  test  the  accuracy 
of  such  bottles,  pipettes  or  other  measuring  glasses.  The  person  thus  designated 
shall  so  mark  such  bottles,  pipettes  or  other  measuring  glasses  as  are  found  cor- 
rect in  marks  or  characters  which  can  not  he  erased,  which  marks  or  characters 
shall  stand  as  proof  that  they  have  been  so  tested:  and  no  incorrect  bottles, 
pipettes,  or  other  glasses  shall  be  thus  marked.  The  superintendent  of  the  dairy 
school  shall  receive  for  such  service  the  actual  cost  incurred  and  no  more,  the  same 
to  be  paid  by  the  persons  or  corporations  for  whom  it  is  done. 

SEC.  2.  Each  and  everv  person  who,  either 

Persons  making  tert^w  bm  .£  for  payments    for  himself  or  in  the  employ  of  any  other  per- 
son, firm,  or  corporation,  manipulates   the 

Babcock  test,  or  any  other  test,  whether  mechanical  or  chemical,  for  the  purpose 
of  measuring  the  contents  of  butter  fat  in  milk  or  cream  as  a  basis  for  apportion- 
ing the  value  of  such  milk  or  cream,  or  the  butter  or  cheese  made  from  the  same, 
shall  secure  a  certificate  from  the  superintendent  of  the  dairy  school  of  the  Uni- 
versity of  Vermjiit  and  State  Agricultural  College  that  he  or  she  is  competent  and 
well  qualified  to  perform  such  work.  The  rules  and  regulations  in  the  applica- 
tion for  such  certificate  and  in  the  granting  of  the  same  shall  be  such  as  the  super- 
intendent of  the  school  may  arrange.  The  fee  for  issuing  such  certificate  shall  in 
no  case  exceed  one  dollar,  the  same  to  be  paid  by  the  applicant  to  the  superintend- 
ent of  the  dairy  school  and  to  be  used  by  the  superintendent  in  meeting  the 
expenses  incurred  under  this  section. 

SEC.  :j.  Any  person  or  persons  violating  any  of  the  pro- 
*  visions  of  this  act,  shall,  on  conviction  in  a  court  of  compe- 
tent jurisdiction  be  fined  not  more  than  twenty-five  dollars  for  the  first  offense, 
and  not  more  than  fifty  dollars  for  each  subsequent  offense.  It  shall  be  the  duty 
of  every  sheriff,  deputy  sheriff,  and  constable  to  institute  complaint  against  any 
person  or  persons  violating  any  of  the  provisions  of  this  act.  and,  on  conviction, 
one-half  of  the  tines  shall  go  to  the  complainant  and  the  balance  to  the  State. 

LAWS  OF  1898,  No.  82. 

AN    ACT  in  relation  to  creameries  and  cheese  factories  and  the  management  of  the  same 

(Approved  November  3»,  1M«8.) 

SECTION   1.    Every  owner,  operator,  or  mana- 

Creamer)  patrons^hare  montiii)  Htate-   ger  of   a  creamery  in  this  State,  whether  co- 
operative or  proprietary,  shall  monthly  make 

and  deliver  to  each  of  the  patrons  of  said  creamery  a  statement  of  the  ntiml  er  of 
pounds  of  milk  or  cream  such  patron  delivers  for  tl):>.t  month,  together  with  the 
test,  pounds  of  butter  fat.  gain  per  cent  from  the  churn,  and  actual  pounds  of 
butter  produced  from  said  milk,  and  the  price  paid  for  the  same  shall  be  computed 
on  the  actual  pounds  of  butter. 

SEC.  2.  Anv  owner,  operator,  or   manager  of  any 
Milk  Hold  to  h,  reduced  to  butter.      creamery  Whether  cooperative  or  proprietary,  who 

sells  or  otherwise  disposes  of  any  of  the  milk  received  at  such  creamery,  shall 
weigh  and  carefully  sample  the  same,  and  shall  test  such  samples,  for  the  purpose 
of  ascertaining  the  number  of  pounds  of  butter  lat  in  such  milk  sold,  or  otherwise 

1  An  act  approved  November  £1.  1900,  received  too  lato  to  IHJ  printed  in  this  bulletin,  repeals 
sections  4.EM  4MOof  chapter  1KI.  Vermont  Statutes:  provides  that  imitations  of  and  substitutes 
for  butter  or  cheetw*  shall  be  plainly  laUded:  and  prohibits  the  use.  of  such  wor  Is  as  "dairy"  in 
marking  butter  imitations.  The  State's  attorney  in  given  sjircial  powers  for  enforcing. 


96 

disposed  of,  and  the  gain  per  cent  which  is  found  to  be  Ihe  gain  from  the  churn 
for  that  month  shall  be  the  one  used  in  ascertaining  the  actual  number  of  pounds 
of  butter  produced  from  such  milk  as  is  sold  or  otherwise  disposed  of. 

SEC.  3.  The  owner,  operator,  or  manager  of 
Cheese  factory  patron,  to  have  monthly  state-  any  cheese  factory  in  the  State,  whetlfer  co- 

operative  or  proprietary,  shall  make  and  de- 

liver to  each  of  the  patrons  of  such  factory  a  statement  representing  the  number 
of  pounds  of  milk  he  delivers  for  each  month,  together  with  the  test  and  actual 
number  of  pounds  of  cheese  produced  by  such  milk  for  said  month.  And  the  price 
paid  for  the  same  shall  be  computed  on  actual  number  of  pounds  of  cheese, 

.    SEC.  4.  Every  owner,  operator,  or  manager 
Monthly  statement^fopenitions  to  be  posted    of    ft  creamery   in   this   State,   whether    CO- 

operative  or  proprietary,  shall  make  a,  state- 

ment each  month  of  the  total  number  of  pounds  of  milk  received  for  that  month, 
together  with  the  gain  per  cent  from  the  churn,  and  actual  number  of  pounds  of 
butter  produced  from  said  milk  and  cream. 

SEC.  5.  The  statement  mentioned  in  the  preceding  section  shall  be  posted  in  a 
conspicuous  place  in  said  creameries. 

„  ,.  .  SEC.  6.  Any  manager  or  proprietor  of  any  creamery  or  cheese  factory  in 
J'  the  State  who  after  request  by  any  person  refuses,  or  neglects  for  the 
space  of  ten  days,  to  comply  with  any  of  the  provisions  of  this  act  shall  forfeit 
to  said  person  ten  dollars  for  each  refusal  or  neglect,  to  be  recovered  by  an  action 
founded  on  this  statute. 

In  effect.    SEC.  7.  This  act  shall  take  effect  January  1,  1899. 

LAWS  OF  1898,  No.  115. 
AN  ACT  relating  to  public  health.     (Approved  October  26,  1898.) 

SECTION  1.  The  State  Board  of  Health  is 

State  laboratory  for  examination  of  milk.  etc.          ,,        .  •          ..,     ,, 

authorized  to  establish  and  equip  with  the 

proper  and  necessary  apparatus,  utensils,  and  instruments  a  State  Bacteriological 
Laboratory,  for  the  chemical  and  bacteriological  examination  of  water  supplies, 
milk,  and  all  food  products,  and  the  examination  of  cases  and  suspected  cases  of 
diphtheria,  typhoid  fever,  tuberculosis,  malaria,  and  other  infectious  and  conta- 
gious diseases. 

SRC.  2.  The  State  Board  of  Health  shall  appoint  a  director  of 

Director  and  his  duties.  ,        1111111-       **:       c  c 

such  Laboratory,  who  shall  hold  his  office  for  two  years  from 

the  first  day  of  December,  1898;  and  biennially  thereafter  said  Board  of  Health 
shall  appoint  a  director  of  such  Laboratory  for  a  similar  term.  He  shall  keep  a 
record  of  all  specimens  sent  to  him  for  examination  by  residents  of  the  State,  and 
examine  these  specimens  without  unnecessary  delay.  He  shall  biennially  before 
the  first  day  of  January  make  a  full  report  to  the  State  Board  of  Health  of  a"l  mat- 
ters pertaining  to  the  Laboratory,  and  shall  make  such  other  and  special  reports 
as  the  State  Board  of  Health  may  ask  lor.  His  salary  and  that  of  his  assistant 
shall  be  fixed  by  the  State  Board  of  Health. 

SEC.  3.  The  use  of  the  Laboratory  and  all  investigations  therein  made  shall  be 
free  to  the  people  of  this  State. 


A  r  ri  ti  n  ^EC>  "*'  ^ne  sum  °^  Five  Thousand  Dollars  is  hereby  appropriated 
for  the  purpose  of  procuring  the  proper'and  necessary  apparatus, 
utensils  and  instruments  for  the  equipment  of  such  laboratory;  and  the  sum  of 
Eight  Thousand  Dollars  per  year  is  hereby  appropriated  to  pay  the  salaries,  pro- 
cure the  necessary  supplies,  and  to  meet  the  other  necessary  expenses  of  said  lab- 
oratory, which  su-ns  shall  be  e  cpended  under  the  supervision  of  the  State  Boird 
of  Health.  Tae  total  annual  expense  of  maintain.  ng  said  laboratory  shall  not 
exceed  the  sum  of  Eight  Thousand  Dollars. 

In  effect.     SEC.  5.  This  act  shall  take  effect  from  its  passage. 

VIRGINIA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  691-693,  for— 

Code  of  1887,  title  25,  chapter  84,  sections  1871  and  1899-1901.—  Concerning  butter 
brands,  creameries,  sale  of  imitation  butter  and  cheese. 


97 

Acts  of  1891-92,  chapter  .V26  (sections  1-7).  —  An  act  to  prevent  the  adulteration 
of  butter  and  cheese  and  the  sale  of  the  same,  and  preserve  the  public  health. 
(Approved  March  1,  1892.) 

Acts  of  1897-98,  chapter  14(5  (sections  1-4).  —  An  act  to  prevent  deception  in  the 
manufacture  and  sale  of  imitation  butter.  (Approved  January  29,  1898.) 

Recently  enacted  : 

ACTS  OK  ASSEMBLY,  VIRGINIA,  1899-19W,  paRe(>94,  C  'hapter  (555. 

AN  ACT  to  prevent  the  sale  of  adulterated  and  misbranded  food  in  the  State  of  Virginia. 
(Approved  February  27,  1900.  ) 

Board  of  Agriculture  to  ermine  foods.    SECTION  1  .  That  for  the  purpose  of  protecting 

the  people  of  the  btate  from  imposition  by  the 

adulteration  and  misbranding  of  articles  of  food,  the  board  of  agriculture  shall 
cause  to  be  procured  from  tim«>  to  time,  and  under  the  rules  and  regulations  to  be 
prescribed  by  them,  in  accordance  with  section  nine  of  this  act.  samples  of  food. 
beverages,  and  condiments  offered  for  sale  in  the  State,  and  shall  cause  the  s-ame 
to  be  analyzed  or  e.tamiued  microscopically  or  otherwise  by  the  chemists  or  other 
Publication  of  results.  6APerts  ?f  £he  department  of  agriculture  The  board  of  agri- 
culture is  hereby  authorized  to  make  such  publications  ot  the 
results  of  the  examinations,  analyses,  and  so  forth,  as  they  may  deem  proper. 


Adulterated  or  misbranded  food  prohibited.     8*C:.  *•   ^  n.°  PerSOI1f'  l'V  himself,  or  agent, 

shall  knowingly  manufacture,  sell,  expose  for 

sale,  or  have  in  his  possession  with  intent  to  se.l,  any  article  of  food  which  is  adul- 
terated or  misbranded  within  the  meaning  of  this  act:  and  any  person  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  for 
Penalty  8UCn  offenses  shall  be  fined  not  exceeding  two  hundred  dollars  for  the  first 
offense,  and  for  each  subsequent  offense  not  exceeding  three  hundred  dol- 
lars, or  be  confined  in  jail  not  exceeding  one  year,  or  both,  and  such  fines,  less 
legal  costs  and  charges,  sha  1  be  paid  into  the  treasury  of  the  State. 

SEC.  3.  That  the  chemists  or  other  experts  of  the  depart- 
TS*       ment  of  agriculture  shall  make,  under  rules  and  regulations 


prescril  ed  by  the  board  of  agriculture,  examinations  of 
specimens  of  food,  beverages,  and  condiments  offered  for  sale  in  Virginia  which 
may  be  collected  from  time  to  time  under  their  directions  in  various  parts  of  the 
State.  If  it  shall  appear  from  such  examination  that  any  of  the  provisions  of  this 
act  have  been  violated,  the  commissioner  of  agriculture  shall  at  once»certify  the 
farts  to  the  commonwealth's  attorney  for  the  city  or  county  in  which  the  offense 
shall  have  been  committed,  and  furnish  that  officer  with  a  copy  of  the  result  of  the 
analysis  duly  authenticated  by  the  ana'yst  under  oath. 

SEC.  4.  That  it  shall  be  the  duty  of  everv  com- 
(  ommonwealth'K  attorneys  to  pro*e,-«te.    monwealth<8  attorney  to  whom  the  commissioner 

of  agriculture  shall  report  any  violation  of  this  act,  to  cause  proceedings  to  be 
commenced  and  prosecuted  without  delay  for  the  fines  and  penalties  in  such  cases 
provided. 

SEC.  ~t.  That  the  term  "food."  as  used  herein. 
'•Foo«l".nd<.»,Ub«nded,    defined.     ^  jnclude  aR   ^^  Qf  food_caniiy,  condi- 

ment, or  drink,  by  man  or  domestic  animals,  whether  simple,  mix.  d  or  compound. 
The  term  "misbranded."  as  herein  used,  shall  include  all  articles  of  food  or 
articles  which  enter  into  the  composition  of  food,  the  package  or  label  of  which 
shall  l>ear  any  statement  purporting  to  name  any  ingredients  or  substances  as 
being  contained  or  not  being  contained  in  such  article,  which  statement  shall  be 
alse  in  any  particular. 

SEC.  <>.  That  for  the  purpose  of  this  act  any  article  of  food  shall 
be  deemed  adulterated—  First.  ft  any  substance  or  substances 
has  or  have  l>een  mixed  or  packed  with  it.  so  as  to  reduce  or  lower  or  injuriously 
affect  its  qua  ity  or  strength  so  that  such  product,  when  offered  lor  sale,  shall 
deceive  or  tend  to  deceive  the  purchaser.  Second.  If  any  inferior  substance  or 
substances  has  or  have  l>een  substituted  wholly  or  in  part  for  the  article  so  that 
the  product  when  sold  shall  deceive  or  tend  to  deceive  the  purchaser.  Third.  If 
any  valuable  constituent  has  been  wholly  or  in  part  abstracted,  so  that  the  prod- 
uct when  sold  shall  deceive  or  tend  to  deceive  the  purchaser.  Fourth.  If  it  be 
an  imitation  of  and  sold  under  the  specific  name  of  another  article.  Fifth.  If  it 
be  mixed,  colored,  powdered,  co:itod.  polished,  or  stained  in  a  manner  whereby 

KXKj-l—  No.  i><>—  (XJ— 


98 

damage  or  inferiority  is  concealed,  so  that  such  product  when  sold  shall  deceive 
or  tend  to  deceive  the  purchaser.  Sixth.  If  it  contain  any  added  poisonous  ingre- 
dient. or  any  ingredient  which  may  render  such  article  injurious  to  the  health  of 
the  person  consuming  it.  Seventh.  If  it  be  labeled  or  branded  so  as  to  deceive  or 
mislead  the  purchaser,  or  purport  to  be  a  foreign  product  when  branded  so.  or  an 
imitation  either  in  package  or  label  of  an  established  proprietary  product,  which 
has  been  trade  marked  or  patented.  Eighth  If  it  cons-sts  of  the  whole  or  any 
part  of  a  diseased,  filthy,  decomposed,  or  putrid  animal  or  vegetable  substance. 
or  any  portion  of  an  animal  unfit  for  food,  whether  manufactured  or  not,  or  if  it 
is  the  product  of  a  diseased  animal  or  of  an  animal  that  has  died  otherwise  than 
,,  .  ..  by  slaughter.  Provided,  That  an  artic  e  of  food,  bev<  rage, 

or  condiment  which  does  not  contain  any  added  poisonous  ingred  ent 
shall  not  be  deemed  to  be  adulterated  in  the  following  cases:  First.  In  the  case  of 
articles,  mixtures,  or  compounds  which  may  be  now.  or  from  time  to  time  here- 
after, known  as  articles  of  tood.  beverages  or  condiments  under  their  own  dis- 
tinctive names  and  not  included  in  definition  fourth  of  this  section.  Second.  In 
the  case  of  articles  labe^d.  branded,  or  tagged  so  as  to  plainly  indicate  that  thev 
are  mixtures,  compounds,  combinations,  imitations,  or  blends.  Third.  When  any 
matter  or  ingredient  has  been  added  to  the  food,  beverage,  or  condiment  because 
the  same  is  required  for  the  production  or  preparation  thereof  as  an  article  of  com- 
merce in  a  state  fit  for  carriage  or  consumption  and  not  fraudulently  to  increase 
the  bulk,  weight,  or  measure  of  the  food,  beverage,  or  condiment,  or  conceal  the 
infer.  or  qua  ity  thereof:  Provided.  That  the  same  shall  be  labeled,  branded,  or 
tagged  as  prescribed  by  the  board  of  agriculture,  so  as  to  show  them  to  be  com- 
pounds and  the  exact  character  thereof:  Fourth.  Where  the  food,  bev- 

erage. or  condiment  is  unavoidably  nrxed  with  some  harmless  extraneous  matter 
in  the  process  of  collection  or  preparation:  Provided  further.  That  no  person  shall 
be  convicted  under  the  prov  sions  of  this  act  when  he  is  able  to  prove  a  written 
graranty  of  purity  in  a  form  approved  by  the  board  of  agriculture  as  published 
in  their  rules  and  regulations-tsigned  by  the  wholesale  .'jobber,  manufacturer,  or 
other  party  from  whom  he  purchased  said  article. 

SEC.  ?.  That  the  board  of  agriculture  is  herebv 
<  (impound,  etc..  products  to  be  branded.  ,u      -       ,    ,  •,, 

authorized   to  cause  all  compound,  mixed,  or 

blended  products  to  be  properly  branded,  and  prescribe  how  this  shall  be  done. 

SEC.  8.  That  it  shall  be  the  duty  of  the  board  of  agricul- 

Informat.on  to  he  pubhshed. 


articles,  mixtures  or  compounds  declared  to  be  exempt  from  the  provisions  of  this 
act  in  accordance  with  section  six.  The  board  of  agriculture  shall  also  from  time 
standards  *°  ^me  ^x  an&  publish  the  limits  of  variability  permissible  in  any  article 
of  food,  beverage,  or  condiment,  and  these  standards,  when  so  published, 
shall  remain  the  standards  before  all  courts:  Provided.  That  when  standards  have 
or  may  be  fixed  by  the  secretary  of  agriculture  of  the  United  States  they  shall  be 
accepted  by  the  board  of  agriculture,  and  published  as  the  standards  for  Virginia. 

Sml.fr  n  l  V.  ^EC'  ®'  That  every  person  who  exposes  for  sale  or  delivers  to  a 
purchaser  any  condiment,  beverage,  or  article  of  food  shall 
furnish,  within  business  hours,  and  upon  tender  and  full  payment  of  the  selling 
price,  a  sample  of  su  -h  condiments,  beverages,  or  articles  of  food  to  any  person 
duly  authorized  by  the  board  of  agriculture  to  secure  the  same,  and  who  shall 
apply  to  such  manuf'acttirer  or  vender  or  person  delivering  to  a  purchaser  such 
beverage  or  article  of  food,  for  such  sample  for  such  use  in  sufficient  quantity  for 
the  analysis  of  such  article  or  articles  in  his  possession. 

„.   ,  .       SEC.  10.  That  any  manufacturer  or  dealer  who  refuses  to  comply 

upon  demand  with  the  requirements  of  section  nine  of  this  act,  or 

any  manufacturer,  dealer,  or  person  who  shall  impede,  obstruct,  hinder,  or  other- 

wise prevent  or  attempt  to  prevent  any  chemist,  inspector,  or  other  person  in  the 

performance  of  his  duty  in  connection  with  this  act  shall  be  guilty  of  a  misde- 

..  .     meaner,  and  shall,  upon  conviction,  be  fined  not  less  than  ten  dollars  nor 

11  >-    more  than  one  hundred  dollars,  or  be  imprisoned  not  more  than  one  hun- 

dred days,  or  both,  and  said  fine  less  legal  cost  shall  be  paid  into  the  treasury  of 

the  State. 

.   .  ,  _,  SEC.  11.  That  this  act  shall  not  be  construed  to  inter- 

No  interference  w,th  commerce.     fere  ^^  comraerc6i  or  any  interstate  commerce  laws 

of  the  United  States. 

„       ,  '   SEC.  12.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are,  to  that  extent, 
hereby  repealed. 

_         SEC.  13.  This  act  shall  take  effect  on  and  from  the  first  day  of  July. 
'    nineteen  hundred. 


99 

WASHINGTON. 

[Chapter  45,  session  of  1895  (sections  1-25),  on  pages  693-696  of  the  Fourteenth 
Annual  Report  of  the  Bureau  of  Animal  Industry,  appears  to  be  superseded  and 
repealed  by  the  first  act  below.] 

Recently  enacted : 

LAWS  OF  1899,  Chapter  43. 

AX  ACT  regulating  the  manufacture  of  dairy  products,  to  prevent  deception  or  fraud  in  the 
sale  of  the  same  or  imitation  thereof,  providing  for  the  appointment  of  a  dairy  commissioner 
and  defining  his  duties,  creating  a  State  board  of  dairy  commissioners  and  defining  their 
duties,  imposing  certain  duties  upon  the  chemists  of  State  institutions,  providing  penalties  for 
violations  of  this  law.  making  an  appropriation.  (Approved  March  7,  1899.) 

SECTION  1.  It  sha1!  be  unlawful  for  anv  person  to 
Unmert-ha^table^lulterated,  etc.,     gell  or  offer   for  saje   or  furnish  or  (leIiVer  to  any 

creamery,  cheese  factory,  corporation,  person  or 

persons  whatsoever,  as  pure,  wholesome,  and  unskimmed,  any  unmerchantable, 
adulterated,  skimmed,  impure,  or  unwholesome  milk. 

SEC.  2.  In  all  prosecutions  or  other  proceedings  under  this  or  any  other  law  of 
this  State,  relating  to  the  sale  or  furnishing  of  milk,  if  it  shall  be  proven  that  the 
milk  sold  or  offered  for  sale,  or  furnished  or  delivered  or  had  in  possession  with 
intent  to  sell  or  offer  for  sale,  or  to  furnish  or  deliver,  as  aforesaid,  as  pure,  whole- 
..  .    ,      some,  or  unskimmed  milk,  contain  less  than  three  per  t-entnin  ot  pure 

butter  fat,  or  less  than  e  ght  per  rentuin  of  milk  solids  other  than 
fat.  when  subject  to  chemical  analysis  or  other  satisfactory  tests,  or  that  it.  or 
any  part  of  it.  was  drawn  from  cows  known  by  the  person  complained  of  to  have 
been  within  fifteen  days  be  ore  or  four  days  after  parturit;on,  or  to  have  any  dis- 
ease or  ulcers,  or  other  running  sores,  then  and  in  either  case  the  said  milk  shall 
be  held  and  judged  to  b«  unmerchantable,  adulterated. 

llnVnldPoUreeam.tt'"  "'        impure,  Or  unwholesome,  as  the  case  may  be,  and  if  it 
shall  appear  that  cows  kept  for  the  production  of  milk  or 

cream,  for  market  or  for  sale  or  exchange,  or  for  manufacturing  their  milk  into 
articles  of  food,  are  kept  in  a  crowded  or  unhealthy  condition,  or  are  being  fed  on 
distillery  waste  or  other  substance  ,n  a  state  of  putrefaction  or  rottenn  ss.  or  uj>on 
any  substance  of  an  nnhealthful  nature,  the  milk  or  cream  from  same  is  hereby 
declared  impure  and  unwholesome.  Any  milk  or  cream  from  the  same  that  has 
been  exposed  to  or  contaminateu  by  emanations,  discharges,  or  exhalations  from 
p  persons  or  animals,  or  to  which  has  been  added  any  borax,  boracic 

res'  arid,  sa  icylic  acid,  or  any  other  poisonous  substance  which  pre- 
vents or  temis  to  prevent  the  normal  bacterial  actions  of  milk,  is  hereby  declared 
to  be  impure  and  unwho'.esome. 

SEC.  3.  The  Washington  State  dairy  commissioner  is  hereby  au- 
thorized and  directed  to  procure  and  issue  to  the  cheese  manu- 
facturers of  the  State,  and  under  any  regxilations  as  to  the  custody  and  use  thereof 
as  he  may  prescribe,  a  uniform  stencil  brand  bearing  a  suitable  device  or  motto 
and  the  words  '  •  Washington  State  Full  Cream  Cheese. ''    Every  brand  issued  shall 
be  used  on  the  outside  of  the  cheese,  and  shall  have  a  different  number  for  each 
separate  manufactory,  and  the  commissioner  shall  keep  a  book  in  which  shall  be 
registered  thn  name,  location,  and  number  of  each  manufactory  using  the  said 
brand,  and  the  name  or  names  of  the  persons  at  eacti  manufactory  authorized  to 
use  the  same.     It  shall  be  unlawful  to  use  or  permit  such  stencil  brand  to  be  used 
upon  any  other  than  full-cream  cheese  or  packages  containing  the  same,  and  such 
cheese  only  as  shall  contain  thirty  per  centum  of  pure  butter  fat 
and  have  been  manufactured  from  pure  and  wholesome  m'l'-. 
from  which  no  portion  of  the  butter  fat  sha.l  ha  e  been  removed  by  skimming  •  r 
by  other  process,  and  in  the  manufacture  of  which  neither  butter  nor  any  sub- 
stance for  butter,  or  any  animal  or  vegetable  fats  or  oils,  have  l>een  used,  or  any 
fat  which  has  been  extracted  from  milk  in  any  form  and  returned  for  the  purpose 
of  filling  said  cheese,  shall  be  stamped  with  the  "State 

Skimmed  rheen*  «o  b.  m.rk.d.       ,)rand/   AU   cheefle  contllininK  le£    than    thirty    per 

centum  of  pure  batter  fat  shall  be  marked  "skimmed  cheese"  in  fnll-fac.'  capital 
letters  not  less  than  one  inch  high,  with  such  ink  as  is  not  easily  removed  by 

moisture.  The  manufacture  or  sale  of  any  cheese 
Filled  rbi»M>  P££'h»*d-  T*afr  rhN"M1  containing  less  than  fifteen  per  centum  of  pure 

butter  fat.  or  so-called  "filled  cheese."  is  hereby 
prohibited  I'ntvidvd,  That  nothing  in  this  section  shall  be  construed  to  apply  to 


100 

Edam,  Brickstein.  Pineapple.  Limburger,  Swiss,  or  hand-made  cheese,  or  any 
other  fancy    cheese:    Provided  further,   That  cheese    not 
*te'    made  in  this  State,  but  which  shall  be  sold  or  offered  for 
sale  in  this  State,  shall  be  so  stamped  as  to  indicate  its  true  character:  And  pro- 
vided further,  That  no  cheese  shall  be  stamped  "full  cream'  which  does  not  in 
every  particular  comply  with  the  requirements  of  "Washington  full  cream" 
cheese,  as  hereinbefore  set  forth,  except  as  to  place  of  manufacture. 

SEC.   4.    The  dairy    commissioner    shall    furnish 

Annual  reports  from  dairy  concerns.  ^^  to  all  p^^  or  lnanagers  of  cream- 
eries, cheese  factories,  or  milk  dairies  that  ship  milk  and  all  the  vendors  and 
peddlers  of  milk  within  the  State.  1  or  the  purpose  of  making  a  report  of  the  amount 
of  milk  and  dairy  goods  hand  ed.  and  ;ill  owners  or  managers  of  such  creameries 
and  cheese  factories,  ar.d  all  milk  dairies,  milk  vendors,  or  milk  peddlers  shall  fill 
otit  the  blank,  giving  a  full  and  accurate  re  ort  of  the  business  done  during  the 
year,  and  send  it  to  the  dairy  commissioner  before  the  first  day  of  November  of 
each  vear:  every  person  or  corporation  who  shall  engage 
Capacity  of  cans  to  be  shonn.  in  ^  businesg  *,?  purchasiT1/or  dealirg  in  milk  ^Z\l 

attach  in  a  permanent  manner  to  each  can  furnished  by  him  or  it  to  the  producer 
a  tag  containing  in  plain  figures  a  correct  statement  of  the  capacity  thereof.     Any 
neglect  or  failure  or  false  statement  on  the  part  of  any  proprietor 
or  manager  of  such  creamery,  cheese  factory,  dairy,  or  milk  vendor 
or  milk  peddler,  shall  be  considered  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  as  provided  in  section  13:  Provided,  That  any  infor- 
mation thus  furnished  shall  be  published  only  in  such  form  as  to  show  totals  and 
averages,  and  not  the  details  of  the  business  of  any  individual  or  concern. 

SEC.  5.  No  person,  by  himself,  his  agents,  or  his  servants. 
Imitation  butter  proi..b,te,i.    shall  rende£or  manufacture,  sell,  offer  for  sale,  expose 

for  sale,  or  have  in  his  possession  with  intent  to  sell  or  serve  for  patrons,  guests, 
boarders,  or  inmates  of  any  hotel,  eating  house,  restaurant,  pub  ic  conveyance,  or 
boarding  house  or  public  or  private  hospital,  asylum,  school,  or  eleemosynary  or 
penal  institution,  any  article,  product,  or  compound  made  wholly  or  partly  out  of 
any  fat,  oil,  or  oleaginous  substance  or  compound  thereof,  not  produced  directly 
and  wholly  at  the  time  of  manufacture  Irom  tmadulterated  milk  or  the  cream 
from  the  same,  with  or  without  harmless  coloring  matter,  which  shall  be  in  imi- 
tation of  yeilow  butter  produced  from  pure, unadulterated  milkor  the  cream  from 
O]  .  ...  i  the  same:  Provided.  That  nothing  in  this  act  shall  be  con- 

strued to  prohibit  the  manufacture  and  sale  of  oleomarga- 
rine in  a  separate  and  distinct  form,  and  in  such  manner  as  will  advise  the  con- 
sumer of  its  real  character,  free  from  coloration  or  ingredient  that  causes  it  to 
resemble  butter,  or  the  use  of  the  same  by  patrons,  guests,  boarders,  or  inmates  of 
any  hotel,  eating  house,  restaurant,  public  conveyam  e,  or  boarding  house,  when 
signs  are  displayed  in  a  conspicuous  place  that  may  bf-  easily  read  from  any  part 
of  the  room. 

SEC.  6.  It  shall   be  unlawful  for  any  person  to  sell  or 

Imitation  cheese  prohibited.       ™.       c  ,  i_  •       -U-  c 

offer  for  sale  or  exchange,  or  have  m  his  possession  for 

sale,  any  cheese  containing  any  substance  except  salt,  rennet,  and  harmless  color- 
ing matter,  other  than  that  produced  from  pure  milk  or  cream,  or  both,  or  from 
pure  skimmed  or  pure  half-skimmed  milk. 

Dair- commit*  ioner  ^EC>  ^'  ^nere  shall  be  appointed  by  the  governor,  by  and  with 
'  the  consent  and  advice  of  the  senate,  one  competent  person  who 
shall  be  denominated  the  dairy  commissioner,  whose  term  of  office  shall  continue 
four  years  from  and  after  the  first  .Monday  in  April  after  his  appointment,  subject 
to  removal  for  cause  by  the  governor,  or  until  his  successor  be  appointed  and 
qualified. 

Bond  re  nired    ^EC '  ®'  Before   entering  upon  his  duties  said  dairy  commissioner 
'    shall  file  with  the  secretary  of  State  a  good  and  sufficient  bond  in  the 
sum  of  five  thousand  dollars  (§5,000)  conditioned  for  the  faithful  discharge  of  his 
duties  under  this  act. 

SEC.  9.  Said  dairy  commissioner  may  appoint  one  or  more 
'  deputies  whenever  he  is  unable  to  perform  all  the  duties  of 
his  office  without  assistance.  They  shall  hold  office  at  the  pleasure  of  the  dairy 
commissioner  who  may  summarily  remove  any  such  deputy  wheneverin  his  judg- 
ment the  public  service  calls  for  such  removal:  Provided,  No  deputy  shall  be 
employed  at  the  cost  of  the  State  for  more  than  thirty  days  in  any  one  year:  Pro- 
vided,  That  not  more  than  six  deputies  be  appointed. 


101 

SEC.  10.  It  shall  be  the  duty  of  the  dairy  commissioner  to 

Duty  of  dairy  romnuss.on.r.     deyote  nig  entire  time  an(J  attention  to  the  dairy  interests 

of  the  State  of  Washington,  to  enforce  all  laws  that  now  exist  or  that  maybe 
hereafter  enacted  in  this  State  regarding  the  product:on,  manufacture,  or  sale  of 
dairy  produce,  and  personally  to  inspect  any  articles  of  milk,  butter,  cheese,  or 
imitations  thereof,  made  or  offered  for  sale  within  the  State,  which  he  may  sus- 
pect or  have  reason  to  believe  to  be  impure,  unhealthfu1,  adulterated,  or  counter- 
feit; and  to  prosecute  or  cause  to  be  prosecuted  any  person  or  persons,  firm  or 
firms,  corporation  or  corporations  engaged  m  the  manufacture  or  sale  of  any 
adulterated  or  counterfeit  dairy  products  contrary  to  law. 

S^c.  11.  It  shall  be  the  duty  of  the  chemist  of 
Duty  of  chenmts  ,u  SUte  .nstitutions.      any  ^^  ingtitudon  to  cor/ectlv  ana'yze,  wiih- 

out  extra  compensation,  and  without  other  charge  to  the  State  than  necessary 
traveling  expenses,  any  and  all  substances  that  the  dairy  commissioner  may  send 
to  any  of  them  and  to  report  to  him  without  unnecessary  delay  the  result  of  any 
analysis  so  made,  and  when  called  upon  by  said  dairy  commissioner  any  such 
chemist  shall  assist  him  in  prosecuting  violators  of  the  law.  by  giving  testimony, 
either  expert  or  otherwise. 

.    ,  SEC.  12.  The  dairy  commissioner  or  his  depu- 

I'owers  of  dairy  commissioner  or  deputies.      ,.         .     n  ,  J  ,,  £ 

ties  shall  have  power,  in  the  performance  of 

their  official  duties,  to  enter  any  creamery,  cheese  or  condensed  milk  factory, 
store,  salesroom,  warehouse,  or  any  plat  e  or  building  where  he  has  reason  to 
believe  that  any  dairy  products  or  imitations  of  dairy  products  are  kept,  made, 
prepared,  sold,  or  offered  for  sale  or  exchange:  and  to  open  any  cask.  tub.  package, 
or  receptacle  of  any  kind,  containing  or  supposed  to  contain  any  such  article,  and 
to  examine,  or  cause  to  be  examined  and  analyzed,  the  conten's  thereof;  he  may 
seize  or  take  any  such  article  for  analys's:  Provided,  That  if  the  person  from 
whom  such  sample  is  taken  shall  request  him  to  do  so.  he  shall  at  the  same  time 
and  in  the  presence  of  the  person  from  whom  such  property  was  taken,  seal  up  two 
samp  es  of  the  article  seized  or  taken,  one  of  which  shall  be  for  examination  or 
analysis  under  the  direction  of  said  commissioner,  and  the  other  of  which  shall 
be  delivered  to  the  person  from  whom  the  article  is  taken. 

I'enalt  ^ECl  1:^  ^n-  P61"8011  wuo  suall  violate  any  of  the  provisions  of  this  act, 
or  who  shall  obstruct  the  dairy  commissioner  in  the  performance  of  his 
duties  under  this  act  by  refusing  him  entrance  to  any  place  enumerate  i  in  the 
preceding  section,  or  by  refusing  to  deliver  to  him  any  dairy  products  or  imita- 
tions thereof  upon  demand,  shall  1  e  deemed  guilt}'  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-i  ve  do  lars 
(§2.">),  nor  more  than  one  hundred  dollars  ($10J).  or  by  imprisonment  for  not  less 
than  one  inonih  or  more  than  six  (<>)  months,  or  by  both  such  fine  and  imprison- 
ment. 

SEC.  14.  The  dairy  commissioner  shall  receive  an  annual 

*  0Xd^ir!'o"mm\dsslonPeerI!S'''i    sa'ary  of  twelve  hundred  dollars  ($1 .200)  and  his  neces- 
sary expenses  in  the  discharge  of  his  duties  under  this 
act:  Provided,  That  such  expenses  shall  not  exceed  one  thousand  dollars  (§1 .000). 

SEC.  I").  It  shall  be  the  duty  of  the  attorney  general  or  the  prose- 

IC*'    cuting  attorney  in  any  county  of  the  State,  when  called  upon  by 

the  dairy  commissioner,  to  render  any  legal  assistance  in  their  power  to  execute 

the  laws  and  to  prosecut  •  cases  arising  under  the  provisions  of  this  act:  Provided. 

That  the  dairy  commissioner  may  employ  special  counsel  when  necessary. 

SEC.  1(5.  The  secretary  of  State,  the  professor  of  agriculture  of 
the  agricultural  college  and  the  dairy  commissioner  are  hereby 
created  a  State  board  of  dairy  commissioners  cjc-ojficio. 

SEC.  17.  The  State  hoard  of  dniry  commissioners  shall  receive  no  compensation 

for  their  services  as  such  board,  hut  -hall  be  allowed  neces- 

•   sary  traveling  expenses.     All  accounts  for  expenditure 

incurred  or  made  pursuant  to  the  provisions  of  this  act  shall  be  approved  and 
certified  by  said  State  board  of  dairy  commissioners  before  presentation  to  the 
s; ate  auditor. 

SKC.  18.  The  State  lx>ard  of  dairy  commissioners  shall  biennially. 

on  December  first,  report  to  the  governor  of  this  State  a  full 

account  of  their  actions  under  this  act:  also  the  o|>er.itions  and  results  of  this  and 

any  other  laws  pertaining  to  the  dairy  industiy  of  the  State;  u  full  account  of  a'l 

expenses  and  disbursements  of  the  i.oard:  as  lull  and  complete  statistics  as  it  is  in 


102 

their  power  to  collect  pertaining  to  the  manufacture,  imports  and  exports  of  dairy 
products  within  the  State  for  the  biennial  term;  a'id  shall  make  suggestions  as  to 
the  need  of  further  legislation  on  this  sub  ect. 

K  SEC.  19.  All  expenses  incurred  under  the  provisions  of  this  act  shall  be 

audited  by  the  State  auditor  upon  bills  being  presented,  properly  certi- 
fied by  the  board  of  dairy  commissioners,  and  the  said  auditor  shall,  from  time  to 
time,  draw  warrants  upon  the  State  treasurer  for  the  amounts  thus  audited. 

\  >  ro  riati  n      ^EC-  ~^'  '^o  carry  ou*  ^ne  provisions  of  th:s  act,  there  is  hereby 
appropriated  out  of  the  general  iund  of  the  State  for  the  term  begin- 
ning April  1.  ISJi),  six  thousand  dollars  (§>,000). 

f  „  SEC.  21.  One-half  of  all  fines  collected  undar  the  provisions  of 

this  act  shall  be  pa  d  to  the  State  treasurer  and  placed  to  the 
credit  of  the  general  fund  and  the  remainder  to  be  paid  lorthvvith  into  the  treasury 
of  the  county  in  which  the  conviction  js  obtained. 

Assistance  fro,,,  railroads,  etc.  ^  2'^  A11  clerks',  Bookkeepers  express  agents,  rail- 
road  omcia.s,  employes,  or  employes  or  common  car- 
riers shall  render  to  the  dairy  commissioner  and  his  deputies  all  the  assistance  in 
their  power  in  t  acing.  finding,  or  discovering  the  presence  of  any  article  named 
in  this 'act.  Any  refusal  or  neglect  on  the  part  of  such  clerks,  bookkeepers, 
express  agents,  railroad  officials,  employes,  or  employes  of  common  carriers  to 
render  such  friendly  aid.  shall  be  a  misdemeanor,  pun.shable  by  fine  of  not  less 
P  nalt  than  twenty-five  ($25)  nor  more  than  one  hundred  dollars  ($100),  or  by 
imprisonment  for  not  less  than  one  month  or  more  than  six  months,  or 
by  both  such  fine  and  imprisonment  for  each  and  every  offense. 

...     SEC.  23.  No  person  shall  sell  or  offer  for  sale  any  cream  taken  from 
impure  or  diseased  milk,  or  any  cream  that  contains  less  than  eight- 
een per  centum  of  pure  buMer  fat.     Any  person  violating  the  provisions  of  this 
p      ...      section  shall  I.e  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
11  >-     thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  doll,  rs 
($23)  nor  more  than  one  hundred  dollars  ($100).  or  by  imprisonment  for  not  hss 
than  one  (1)  month  nor  more  than  six  (6)  months,  or  by  both  such  fine  and  impris- 
onment. 

License  to  i>eddle  milk     SEC>  34'  Everv.  person  who  conveys  milk  in  carriages,  carts,  or 
other  vehicle  tor  the  purpose  of  selling  the  same  in  any  c:ty 

or  town  in  the  State  of  Washington,  shall  annually  on  the  first  day  of  June,  or 
within  thirty  (80)  days  thereafter,  procure  from  the  State  dairy  commissioner  a 
license  to  sell  milk  within  the  limits  of  said  city  or  town,  and  sha.l  pay  to  the  said 
dairy  commissioner  the  sum  of  one  dollar  ($1)  for  each  carriage,  cart,  or  other  veh  - 
c!e  to  be  used  as  provided  for  in  section  2i».  Licenses  shall  be  issued  only  in  the 
names  of  the  owners  of  carriages,  carts,  and  other  vehic  es  and  shall,  for  the  pur- 
pose of  this  act.  be  conclusive  evidence  of  ownership.  No  license  shall  be  sold, 
assigned,  or  transferred;  each  license  shall  contain  the  name,  residence,  place  oi 
business,  number  of  carriages,  carts,  or  other  vehicles  used,  and  the  number  of  the 
v  ..  license.  Each  li<  ensee  shall,  before  engaging  in  the  sale  of 

milk,  cause  his  name,  the  number  of  the  license,  and  Irs  place 

of  business  to  be  legibly  placed  on  e  ich  outer  s  de  of  all  carriages,  carts,  or  other 
vehicles  used  by  him  in  the  conveyance  or  sale  of  milk.  Whoever,  without  being 
first  licensed  under  the  provisions  of  this  section,  sells  milk  or  exposes  it  for  sale 
from  carriages,  carts,  or  other  vehicles,  or  has  the  same  in  his  custody  or  posses- 
sion with  intent  to  sell,  shall  be  deemed  guuty  of  a  misdemeanor,  and  upon  con- 
,  viction  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
a  }'  dollars  ($25)  for  each  offense,  nor  more  than  one  hundred  dollars  ($100). 
or  by  imprisonment  for  not  less  than  one  month  or  more  than  six  months  or  by 
both  such  fine  and  imprisonment:  Prodded,  That  nothing  in  this  section  shall 
apply  to  persons  handling  or  using  the  milk  from  not  more  than  two  cows. 

„.,.  ,.          „  SEC.  25.  Every  person  before  selling  mil;  or  offering  it 

for  sale  in  a  store,  booth,  stand,  or  market  place  in  any 

town  or  city,  shall  procure  a  license  from  the  State  dairy  commissioner  and  shall 
pay  to  said  commissioner  the  sum  of  one  dollar  ($1)  yearly,  within  thirty  days 
after  June  1.  Any  person  who  neg'ects  to  procure  such  license  shall  be  deemed 
i»  \t  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  for  each 
offense  by  a  fine  of  riot  Jess  than  twenty  five  do  lars  (8~~>)  nor  more  than 
one  hundred  dollars  ($100)  for  each  and  every  offense  or  by  imprisonment  for  not 


103 

less  than  one  month  or  more  than  six  months  or  by  both  such  fine  and  imprison- 
ment. 

Skimmed  milk  to  be  marked.     SEC',  a6'   N°  PerSOn  sha!1  Sel1  Or  eXPOse  for  fale  in,  anv  store 
or  place  or  business  or  in  any  wagon  or  o:  her  vehicle  used 

in  the  transportation  or  sale  of  milk  from  which  cream  has  been  removed  or  milk 
commonly  called  "  skimmed  milk  "  without  first  marking  the  can  or  package  con- 
taining said  milk  with  the  words  "  skimmed  milk  ''  in  large  plain  black  letters. 
each  letter  being  at  least  one  inch  high  and  one-half  inch  wide,  said  words  to  be 
on  the  s:de  not  below  the  middle  ot  said  can  or  package,  where  they  can  be  easily 
seen.  Any  person  violating  the  provisions  of  this  section  shall  be  deemed  guilty 
Penalt  a  misdemertnor.  an^  upon  conviction  shall  be  punished  by  a  fine  of  not 

less  than  twenty-five  dollars  (§.'5)  nor  more  than  one  hundred  dollars 
(SiOO)  for  each  and  every  offense,  or  by  imprisonment  for  not  less  than  one  month 
or  mor  ;  than  six  months  or  by  both  such  fine  and  imprisonment. 

SEC.  21.  That  all  monevs  received  for  licenses  or 
Moneys  received  by  commissioner.      ;r  ,,  ,-   ,.  -, 

from  the  saleot  any  and  all  goods  confiscated  by  ttie 

dairy  commissioner  under  this  act  shall  be  received  by  said  commissioner  and 
deposited  the  first  of  every  month  with  the  State  treasurer,  to  be  placed  in  the 
general  fund. 

,,  ...  .  SEC.  28.  Possession  by  any  person  or  firm  of  an  article  or  substance  the 
sale  of  which  is  prohibited  by  this  act  shall  be  considered  priina  fucir 
evidence  that  the  same  is  kept  by  such  person  or  firm  in  violation  of  the  provisions 
of  this  act.  and  the  commissioner  shall  be  authorized  to  seize  upon  and  take 
possession  of  such  articles  or  substances,  and  upon  the  order  of  any  court  which 
has  jurisdiction  thereof,  he  shall  sell  the  same  for  any  purpose  other  than  to  be 
used  for  food,  the  proceeds  to  be  paid  to  the  State  treasurer  and.  placed  to  the 
credit  of  the  general  fund. 

SEC.  2!>.    The  State   dairy  commissioner    is    hereby 
State  brand  for,  reamer,  butter.      ^^  ^   &n(J    d,rectedio  procure  afad   issue  to  the 

manufacturers  of  creamery  butter  of  the  State  and  under  such  regulations  as  to 
the  custody  and  use  thereof  as  he  may  prescribe  a  uniform  brand  bearing  a  suit- 
able device  or  motto,  a  id  the  words  "Washington  Creamary  Butter.''  Every 
brand  issued  shall  be  used  on  the  wrapper  of  each  package  and  also  on  the  outside 
of  every  package  used  by  h.m.  and  shall  contain  a  different  number  for  each  sep- 
arate manufactory,  and  the  commissioner  shall  keep  a  book  in  which  shall  be  reg- 
istered the  name,  location,  and  number  of  each  manufacturer  using  thesaid  brand. 
It  shall  be  unlawful  to  use  or  permit  such  brand  to  be  used  upon  any  other  than 
Washington  creamery  butter  or  packages  containing  the  same.  Any  person  vio- 
p  lating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 

meanor, and  upon  conviction  thereof  shall  be  fined  for  each  offense  not 
less  than  twenty-five  dollars  ($2">)  nor  more  than  one  hundred  dollars  ($100)  or  by 
imprisonment  for  not  less  than  one  month  or  more  than  six  months,  or  by  both 
such  fine  and  imprisonment. 

SEC.  aO.  No  person,  firm,  or  corporation  shall  manufacture,  sell,  or  offer  for  sale 

or  have  in  his  possession  with  intent  to  sell 
Prore«K  or  related  butter  to  be  marked.      |)utter 


package  in  which  the  butter  is  sold  has  marked  on  the  side  of  it  the  words  "reno- 

vated butter  "  in  capital  letters  one  inch  high  and  one-half  inch  wide  with  ink 

which  is  not  easily  rein  ived:  Provided,  That  it  shall  be  unlawful  for  any  retailer 

to  sell  said  butter  and  un  ess  a  card  is  displayed  on  the 

""  i"irkiur<1-     package  from  which  he  issuing  butter  with  the  following 

words  printed  thereon  wo  that  it  may  be  easily  read  by  the  purchaser  "  renovated 

butter,"  or  if  it  is  sold  In  packages  on  which  a  wrapper  is  used  the  words  "  reno- 

vated butter"  shall  be  plainly  printed  on  each  and  every  wra-ipcr: 

Provided   further,  That  all"  process  butter  shipped   from  otht-r 

states  shall  be  subject  to  the  same  regulations  as  provided  in  this  section.     Who- 

ever violates  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdt- 

meaner,  and  upon  conviction  shall  be  fined  for  each  and  every  offense  not  less 

than  twenty-five  dollars  ($.'•">)  nor  more  than  one  hundred  dollars  ($lt><)) 

'     or  by  imprisonment  for  not  less  than  one  month  or  more  than  six  months. 

or  by  both  such  fine  ami  imprisonment. 

SEC.  :H.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

in  effect.   SEC.  32.  An  emergency  exists,  and  this  act  shall  take  effect  immediately. 


LAWS  OF  1899,  Chapter  113. 
AN  ACT  to  provide  against  the  adulteration  of  food.     (Approved  March  13,  1899.) 

SECTION  1.  No  person  shall,  within  this  State,  manufac- 

Adulterated  foo<l  prohibited.  ,         %.  ,,  , .    ,         ,,    „       , 

ture  lor  sale,  otter  for  sale,  or  sell  any  article  of  food 

which  is  adulterated  within  the  meaning  of  this  act. 

F  od  defined      SEC.  2.  The  term  "food,"  as  used  herein  shall  include  all  articles 
used  for  food  or  drink  by  man.  whether  simple,  mixed,  or  compound. 

SEC.  3.  Any  article  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  this  act:  In  the  case  of  food— (1)  If  any  sub- 
stjmce  or  substances  have  been  nmed  with  it,  so  as  to  lower  or  depreciate,  or 
injuriously  affect  its  qua.ity,  strength,  or  purity.  (2)  If  any  inferior  or  cheaper- 
substance  or  substances  have  been  substituted  wholly  or  in  part  for  it.  ('•>)  If 
any  valuable  or  necessary  constituent  or  ingredient  has  been  wholly  or  in  part 
abstracted  from  it.  (4)  If  it  is  an  imitation  of,  or  is  sold  under  the  name  of , 
another  article,  (o)  If  it  consists  wholly  or  in  part,  of  a  diseased,  decomposed, 
putrid,  infected,  tainted,  or  rotten  animal,  or  vegetable  or  fruit  substance  or  arti- 
cle, whether  manufactured  or  not:  or  in  the  case  of  milk,  if  it  is  the  produce  of  a 
diseased  animal.  (6)  If  it  is  colored,  coated,  polished,  or  powdered,  whereby 
damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is  made  to  appear  better 
or  of  greater  value  than  it  really  is.  (?;  If  it  contains  any  added  substance  or 
ingredient  which  is  poisonous  or  injurious  to  health:  Provided,  That  the  provi- 
sions of  this  act  shall  not  apply  to  mixtures  or  compounds  recognized  as  ordinary 
articles  or  ingredients  of  articles  of  food,  if  each  and  every  package  sold  or  offered 
for  sale  be  distinctly  labeled  as  mixtures  or  compounds,  with  the  name  and  per 
cent  of  each  ingredient  therein  and  are  not  injurious  to  health. 

^  ,  _  ...  SEC.  4.  Every  person  manufacturing,  exposing,  or  offering  for 
sale,  or  delivering  to  a  purchaser,  any  article  of  food  included 
in  the  provisions  of  this  act,  shall  furnish  to  any  person  interested  or  demanding 
the  same,  who  shall  apply  to  him  for  the  purpose,  and  shall  tender  him  the  value 
of  the  same,  a  sample  sufficient  for  the  analysis  of  any  such  article  of  food  which 
is  in  his  possession. 

SEC.  5.  Whoever  refuses  to  comply,  upon  demand  with  any  of  the  re- 
quirements of  section  4,  and  whoever  violates  any  of  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
exceeding  one  hundred  nor  less  than  fifty  dollars,  or  imprisoned  not  exceeding 
ninety  or  less  than  thirty  days,  or  both:  any  person  found  guilty  of  manufactur- 
ing, offering  for  sale,  or  selling  any  adulterated  articles  of  food  under  the  pro- 
visions of  this  act,  shall  be  adjudged  to  pay.  in  addition  to  the  penalties  herein 
provided  for,  all  necessary  costs  and  expenses  incurred  in  inspecting  and  analyz- 
ing such  adulterated  articles  of  svhich  said  person  may  have  been  found  guilty  of 
n.       ...       ..  manufacturing,  selling,  or  offering  for  sale:  Provided,  That 

all  penalties  and  costs  for  the  violation  of  the  provisions  of 

this  act  shall  be  paid  to  the  State  dairy  and  food  commission,  or  their  agent,  and 
by  them  paid  into  the  State  treasury,  to  be  paid  as  a  fund  separate  and  apart  for 
the  use  of  the  State  dairy  and  food  commissioner  for  the  enforcement  of  this  act, 
and  called  "pure  foo:l  fund." 

SEC.  6.  The  State  dairy  commissioner  shall  be 

Dairy  and  food  commissioner:  additional    gtat?  dairy  flnd  food   Commissioner,  and   shall 

receive,  in  addition  to  his  salary  as  dairy  com- 
missioner, $300  per  year,  as  extra  compensation  for  enforcing  the  provisions  of 
this  act,  and  his  necessary  expense,  out  of  the  pure  food  fund  in  the  discharge  of 
his  duties  under  this  act. 

SEC.  7.  There  shall  be  appropriated  for  salary  of  State  dairy  and  food 
'    commissioner  $600.  for  two  years  ending  April  1st,  1901.  and  $1.000 
out  of  the  food  commission  fund  for  expenses  of  said  commissioner. 

.    .    .....  SEC.  8.  It  shall  be  the  duty  of  the  chemist  of  anv 

(hem.stsinstateinst.tutionstoass.st.    gtate  institution  to  correctly  analyze,  without 

extra  compensation,  and  without  extra  charge  to  the  State  other  than  necessary 
expenses,  any  and  all  substances  that  the  dairy  [and]  food  commissioner  may  send 
to  them,  and  to  report  to  him  without  [un [necessary  delay,  the  result  of  any 
analysis  so  made,  and  when  called  upon  by  said  commissioner,  any  such  chemist 
shall  assist  him  in  prosecuting  violations  of  the  law  by  giving  testimony,  either 
expert  or  otherwise. 


105 


assistance  ^EC.'  9>  Jt  sha^  ^e  tne  ^uty  of  ^lie  attorney  general,  or  the  prose- 
cuting attorney  in  any  county  in  the  State,  when  called  upon  by 
the  dairy  commissioner  to  render  any  legal  assistance  in  their  power  to  execute 
the  laws  and  to  prosecute  cases  arising  under  the  provisions  of  this  act:  Provided, 
That  the  dairy  commissioner  may  employ  special  counsel  if  necessary. 

State  board  of  dairy  and  food  commission.     SEC"  10'/he  S*aff  *°*TA  °J.?»il7  commission- 

ers, exofflcio,  shall  be  "  the  State  board  of  dairy 

and  food  commission.''  All  expenses  incurred  under  the  provisions  of  this  act 
shall  be  paid  out  of  the  "pure  food  fund."  and  shall  be  audited  by  the  State  audi- 
tor upon  bills  being  presented,  properly  certified  by  the  board  of  dairy  and  food 
commission,  and  the  State  auditor  shall  from  time  to  time  draw  warrants  upon 
the  State  treasurer  for  the  amounts  thus  audited. 
This  act  shall  take  effect  April  1.  1899. 

WEST  VIRGINIA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
page  01)7,  for  — 

Code  of  1891.  chapter  150,  sections  20  and  20a.  —  Concerning  adulterated  food  and 
imitation  butter  and  cheese. 

Acts  of  1801,  chapter  x  (sections  1-3).—  An  act  in  relation  to  manufacture  and 
sale  of  oleomargarine,  artificial  or  adulterated  butter.  (Approved  February  10, 
1891.) 

WISCONSIN.1 

[The  laws  of  Wisconsin  were  published  on  pages  GH7-703  of  the  Fourteenth  Annual 
Report  of  the  Bureau  of  Animal  Industry,  but  have  since  been  issued  in  differ- 
ent form,  as  below.  J 

1  .  [Section  1410,  Statutes  of  1898.  ]     The  dairy  and  food 

».ir,  commissioner:  term,  etc.  coiumissioner  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  for  a  term  of  two  years  from  the 
date  of  his  appointment  and  until  his  successor  qualities.  Vacancies  occurring 
from  any  cause  shall  be  filled  for  the  remainder  of  the  term  by  the  governor,  with 
the  advice  and  consent  of  the  senate  if  it  shall  be  in  session,  or  if  it  is  not  in  session, 
subject  toapproval  at  the  session  next  held  after  such  appointment  is  made,  if  the 

term  for  which  it  was  made  has  not  expired. 

Assistant,  chemist,  agent,  and  clerk.      guch  commissioner  may   with  the  a(]vice  and  CQn. 

sent  of  the  governor,  appoint  an  assistant,  who  shall  bean  expert  in  dairy  products, 
and  a  chemist  who  shall  be  a  practical  analytical  chemist;  he  may  also,  with  such 
advice  and  consent,  appoint  an  agent  for  the  inspection  of  milk  dairies,  factories, 
and  creameries,  and  to  assist  in  the  work  of  the  dairy  and  food  commission  at  such 
times  and  for  such  periods  of  time  as  may  be  required  in  the  enforcement  of  the 
dairy  and  food  laws.  The  compensation  of  such  agent  shall  be  three  dollars  per 
day  for  each  day  of  actual  service,  and  his  expenses,  to  be  audited  by  the  secretary 
of  ^tate  on  the  presentation  of  accounts  approved  by  the  dairy  and  food  commis- 
sioner. Said  commissioner  may  also  appoint  a  stenographer  and  confidential  clerk. 
The  commissioner  shall  be  furnished  with  a  suitable  office  in  the  capitol,  and  with 
such  supplies  and  printing  as  may  be  necessary.  He  shall  as  soon  as  practicable 
.  ort  a^er  foe  thirtieth  day  of  September  in  each  even-numbered  year  make  a 
report  to  the  governor  and  give  therein  an  itemized  statement  of  all 
expenses  incurred  by  him,  and  of  all  fines  collected,  with  such  statistics  and  other 
information  and  suggestions  as  he  may  regard  of  value. 

2.  [Section  1410«»,  Statutes  of  1S9S.]  It  shall  lie  the  duty  of  the 
'  commissioner  to  enforce  the  laws  regarding  the  production, 
manufacture,  and  salt-  of  dairy  products,  the  adulteration  of  any  article  of  food  or 
drink  or  of  any  drug,  and  personally  or  by  his  assistants  to  inspect  any  milk,  but- 
ter. cheese,  lard,  syrup,  coffee,  tea,  or  other  article  of  food  or  drink  or  drug  made 
or  offered  for  sale  within  this  State  which  he  may  suspect  or  have  reason  to  believe 
to  l)e  impure,  unhealthfnl,  adulterated,  or  counterfeit,  and  to  prosecute  or  cause 
to  be  prosecuted  any  person,  firm,  or  corporation  engaged  in  the  manufacture  or 
sale  of  any  adulterated  or  counterfeit  article  or  articles  of  food  or  drink  or  drug 
.  .  ..  in  violation  of  law.  The  district  attorney  of  the  county  n  which 

a  violation  of  any  such  law  has  occurred  shall,  when  called  upon 


1  Arranged  as  in  "  Law*  of  Wisconsin,  relating  to  tin-  office  anil  duties  of  the  dairy  and  food 
commissioner,  and  the  adulteration  of  butter,  cheese,  milk,  and  other  foods,  drug*,  and  medicines, 
with  rulings  thereon,"  published  in  1KW  by  the  dairy  and  food  commissioner. 


106 

by  the  commissioner  or  either  of  his  assistants  to  do  so,  give  all  the  aid  he  can  to 
secure  the  execution  of  the  law  and  shall  prosecute  cases  arising  under  the  pro- 
visions of  this  chapter  or  other  provisions  of  these  statutes  relating  to  the  adul- 
teration of  food,  drinks,  and  drugs  and  their  sale.  Such  commissioner  shall  have 
power  to  appoint,  with  the  approval  of  the  governor,  special  counsel  to  prosecute 
or  assist  in  the  prosecution  of  any  case  arising  under  the  provisions  of  these  stat- 
utes imposing  a  penalty  for  adulterating  dairy  products  or  practicing  deception 
...  .„  or  fraud  in  the  manufacture  and  sale  thereof.  All  fines  collected 

in  prosecutions  begun  or  caused  to  be  begun  by  the  dairy  and 
food  commissioner  or  either  of  his  assistants  shall  be  paid  into  the  State  treasury. 

3.   [Section  1410?>,  Statutes  of  1898.]     The  commissioner, 
Authority  for  ,us,>o,-tions.     hi8lagent  or  a8sistant  shan  have  free  access  to  any  barn  or 

stable  where  any  cow  is  kept  or  milked,  or  to  any  factory,  building,  dairy,  or 
premises  where  any  dairy  product  is  manufactured,  handled,  or  stored,  when  the 
milk  from  such  cow  or  such  product  is  to  be  sold  or  shipped,  and  may  enforce  such 
measures  as  are  necessary  to  secure  perfect  cleanliness  in  and  around  the  same 
and  of  any  utensil  used  therein,  and  to  prevent  the  sale  of  milk  from  cows  dis- 
eased or  fed  upon  unwholesome  food.  Either  of  them  may  enter  any  place 
or  bufding  in  which  there  is  reason  to  believe  that  any  food,  drink,  or  drug  is 
made,  prepared,  sond,  or  offered  for  sale,  and  may  open  any  package  or  receptacle 
of  any  kind  containing,  or  which  is  supposed  to  contain,  any  article  of  food,  drink, 
s-  m  le  or  drug*  anc*  examine  °r  analyze  the  contents  thereof.  Any  such  article 
or  sample  thereof  may  be  seized  or  taken  for  the  purpose  of  having  it  ana- 
lyzed: but  if  the  person  from  whom  it  is  taken  shall  so  request,  at  the  time  of 
taking,  the  officer  shall  then  and  in  the  presence  of  such  person  securely  seal  up 
two  samples  of  such  article,  one  of  which  shall  be  for  analysis  under  the  direction 
of  the  commissioner,  the  other  shall  be  delivered  to  the  person  from  whom  the 
(,h  .  ,  d  sample  or  article  was  obtained.  Said  commissioner  shall  adopt  a 
uniform  stencil,  bearing  a  suitable  device  or  motto,  a  number  and 
the  words  "Wisconsin  full-cream  cheese"  and  a  space  for  a  number,  and  upon 
proper  application  therefor  and  under  such  regulations  as  to  the  custody  and  use 
thereof  as  he  may  prescribe,  issue  the  same,  with  the  proper  number  inserted,  to 
the  proprietor  or  manager  of  any  cheese  factory  in  this  State;  he  shall  enter  in  a 
book  kept  for  that  purpose  the  name,  location  and  number  of  each  factory  using 
such  stencil,  no  number  being  duplicated,  and  the  name  of  the  person  thereat 
authorized  to  use  the  same. 

4.  [Section  1410c,  Statutes  of  1898.]  The  State  board  of  health,  medical 
'  officers  of  local  boards  of  health,  town  and  village  boards  or  common 
councils  may  submit  to  the  dairy  and  food  commissioner  samples  of  water  or  other 
drinks,  of  food  or  drugs  for  analysis,  and  the  same  shall  be  examined  and  reports 
made  of  the  analysis  thereof  to  the  body  or  officer  submitting  the  same  as  soon  as 
practicable:  such  reports  shall  fully  specify  the  results  of  the  analysis  and  be 
signed  by  such  commissioner:  they  shall  be  accepted  in  all  courts  and  places  as 
prima  facie  evidence  of  the  properties  or  condition  of  the  articles  analyzed. 

F  mi  r  '  'i  titute  ?'  [Section  141CW,  Statutes  of  1898.]  The  governor  may  author- 
ize the  commissioner  or  his  assistants,  when  not  engaged  in  the 
performance  of  other  official  duties,  to  give  such  aid  in  farmers'  institutes,  dairy 
and  farmers'  conventions  and  the  agricultural  department  of  the  State  university 
as  may  be  deemed  advisable.  For  the  necessary  expenses  of  making  the  analyses 
contemplated  in  the  foregoing  sections  the  commissioner  may  incur  an  annual 
expense  of  not  to  exceed  six  hundred  dollars,  the  accounts  for  which,  when  veri- 
fied and  itemized  and  appproved  by  the  governor  shall  be  audited  by  the  secretary 
of  State. 

6.   [Section  4607/f,  Statutes  of  1898.1  Any  person  who 
Persons  obstructing;  penalty.      ^  obstruct  the'dairy  and  food  commissioner  of  this 

State  or  either  of  his  assistants  in  the  performance  of  their  duty  by  refusing  him 
entrance  to  any  place  he  is  authorized  to  enter  or  by  refusing  to  deliver  to  him  a 
sample  of  any  article  of  food,  drink,  or  drug  made,  sold,  offered  or  exposed  for  sale 
by  the  person  to  whom  request  therefor  is  made,  if  the  value  thereof  is  tendered, 
shall  be  punished  for  the  first  offense  by  fine  not  exceeding  twenty-five  dollars, 
and  for  each  subsequent  offense  by  fine  not  exceeding  five  hundred  dollars  nor  less 
than  fifty  dollars. 

Adulterated  "milk      7<   [Section  4607,  Statutes  of  1898].     Any  person  who  shall  sell  or 

offer  for  sale,  furnish,  or  deliver,  or  have  in  possession  with  intent 

to  sell  or  offer  for  sale  or  furnish  or  deliver  to  any  creamery,  cheese  factory,  cor- 


107 

Penalt      poration.  or  person  as  pure,  wholesome  and  unskimmed  any  unmerchant- 
able, adulterated,  impure,  or  unwholesome  milk  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 

Milk  standard  ^'  [Section  4607n,  Statutes  of  189S.]  In  all  prosecutions  under  the 
preceding  section  or  any  other  section  of  these  statutes  for  the  sale 
of  unmerchantable,  adulterated,  impure,  or  unwholesome  milk  any  milk  which 
shall  be  proven  to  contain  less  than  three  per  centum  of  pure  butter  fat,  when  sub- 
jected to  chemical  analysis  or  other  satisfactory  test,  or  that  has  been  diluted,  or 
any  part  of  the  cream  of  which  has  been  abstracted,  or  that,  or  any  part  of  it, 
was  drawn  from  a  cow  known  to  the  defendant  to  have  been  at  the  time  it  was 
drawn  within  fifteen  days  before  or  less  than  four  days  after  parturition,  or  which 
was  so  known  to  have  any  disea-e.  ulcers  or  other  running  sores,  then  and  in  either 
such  case  the  milk  sold  or  offered  for  sale,  furnished,  or  delivered  or  had  in  pos- 
session with  intent  to  se.l  it.  offer  it  for  sa'e  or  furnish  or  deliver  it  as  pure,  whole- 
some, and  unskimmed  shall  be  held  or  found  to  be  unmerchantable,  adulterated, 
impure,  or  unwholesome,  as  the  fact  may  be.  Proof  of  adulteration  or  skimming 
may  be  made  with  such  standard  tests  and  iaetoine'ers  as  are  used  to  determine 
the  qxiality  of  milk  or  by  chemical  analysis. 

i).   [Section  1,  chapter  3i:>.  laws  of  1899.1 

Diseased  rows:  unsanitary  conditions;  slops,      vr  i  i.    n      a? 

No  person  by  him  elf  or  agent  shall  otter 

for  sale,  furnish,  or  deliver,  or  have  in  possession  with  the  intent  to  sell,  or  offer 
for  sa'e.  or  furnish  or  deliver,  milk  or  cream  drawn  Irom  sick  or  diseased  cow  or 
cows  kept  in  filthy  and  unsanitary  condition,  or  cows  fed  on  ret  use  or  slops  from 
distilleries  or  vinegar  factories,  unless  such  refuse  or  slop  be  mixed  with  other 
dry  sanitary  grain  or  food  to  a  consistency  of  a  thick  mush. 

10.   [Section  2,  chapter  ;M:5.  laws  of  1899.1     No  person  by 
Foreign  Kubst.Bee*  in  milk.      ^J^  of  agent  Bga,j  offer  fof  gale  Qr  fv{rnish  £  ^^ 

or  have  in  possession  with  tlie  intent  to  sell,  offer  for  sale,  or  furnish  or  deliver, 
any  milk  or  cream  having  therein  or  containing  in  any  amount  any  foreign  sub- 
stance or  coloring  matter  or  any  chemical  or  preservative,  whether  for  the  pur- 
pose of  increasing  the  quantity  of  milk  or  cream  or  for  improving  its  appearance, 
or  for  preserving  the  condition  of  sweetness  thereof,  or  lor  any  purpose  whatever, 
provided  that  nothing  in  this  act  shall  be  construed  to  prohibit  the  sale  of  pasteur- 
ized milk  or  cream,  to  which  viscogen  or  sucrate  of  lime  has  been  added  solely  tor 
the  purpose  of  restoring  the  viscosity,  if  the  same  be  distinctly  labeled  in  such 
manner  as  to  advise  the  purchaser  of  its  true  character. 

11.  [Sec  ion  :?.  chapter  :J13,  laws  of  18!>9.  ]     Any  person  violating  any  of 
the  provisions  of  this  act  shall,  upon  conviction,  be  fined  not  les»  than 
twenty-five  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

12.   [Section  4(i07c,  Statutes  of  1S98.1     Anv  person  who 
imitation  cheese  prohibited.    8nali  by  himself?  hia  agent  or  servant.  manufacture,  buy, 

sell,  offer,  ship,  consign,  expose,  or  have  in  possession  for  sale  any  cheese  manu- 
factured from  or  by  the  use  of  skim  milk  to  which  there  has  been  added  any  fat 
which  is  foreign  to  such  milk,  or  who  shall  by  himself,  his  agent  or  servant, 
manufacture,  buy,  sell,  offer,  ship,  consign,  expose,  or  have  in  possession  for  sale, 
within  this  State,  any  skimmed-milk  cheese,  or  cheese 

Skin,  cheese  si/.e  regulated.      maimfavtnml  from  ^ft  from  whu.h  any  ot  tht,  |at  ,,rigi. 

nally  contained  therein  has  been  r.-moved,  except  such  last  mentioned  cheese  is  ten 

inches  In  diameter  and  nine  inches  in  height,  or  who  shall,  by  himself,  his  agent 

or  servant,  render  or  manufacture,  sell.  ship,  consign, 

tter  pro         led.  ... 


to  sell,  any  article,  product,  or  compound  made  who'ly  or  partly  outot  any  fa", 

oil.  or  oleaginous  substance  or  compound  thereof,  not  produced  from  unadulterated 

milk  or  cream  from  the  same,  and  without  the  admixture  or  addition  of  any  fat 

foreign  to  said  milk  or  cream,  which  shall  be  in  imitation  of  yellow  butter  pio- 

.,  duced  from  such  milk  or  cream,  with  or  without  coloring  matter,  shall. 

for  the  first  offense,  be  punished  by  fine  of  not  more  than  five  hundred 

dollars  nor  less  than  fifty  dollars,  and  for  each  subsequent  offense  by  imprison- 

ment in  the  county  jail  not  to  exceed  sixty  days  nor  less  than  ten  days,  or  by  fine 

of  not  more  than  five  hundred  dollars  nor  less  than  one  hundred  dollars,  or  by 

both  such  fine  and  imprisonment.     Nothing  in  this  section 

shall  be  construed  to  prohibit  the  manufacture  or  sale  of 

oleomargarine  in  a  separate  and  distinct  form  and  in  such  manner  as  w.ll  advise 
the  consumer  of  its  re;il  character,  and  free  from  coloration  or  ingredient  that 
causes  it  to  look  like  butter. 


108 


who  asks,  sends,  or  inquires  for  butter,  any  o  eomargarine,  butterine.  or  any  simi- 
lar substance  made  in  imitation  or  semblance  of  pure  butter,  not  made  entirely 
from  the  milk  of  cows,  with  or  without  coloring  matter,  or  who  shall  expose  for 
sale  oleomargarine,  butterine,  or  any  similar  substance  not  mar..ed  and  distin- 
guished on  the  outside  of  each  tub,  package,  or  parcel  thereof  by  a,  placard  with 
the  word  "  oleomargarine,"  and  not  having  also  upon  every  open  tub,  package,  or 
parcel  thereof  a  placard  with  the  word  "oleomargarine,"  such  placard  in  each 
case  to  be  printed  in  plain,  uncondensed  Gothic  letters  not  less  than  one  inch  long, 
and  not  containing  any  otlier  words  thereon,  or  who  shall  sell  oleomargarine, 
butterine.  or  any  similar  substance  from  any  dwelling,  store,  office,  or  public 
mart,  without  having  conspicuously  posted  thereon  the  placard  or  sign,  in  letters 
not  less  than  four  inches  in  length,  "oleomargarine  sold  here"  or  "butterine 
sold  here,"  which  placard  or  sign  shall  be  approved  by  the  dairy  and  food  com- 
missioner of  this  State,  or  who  shall  sell  or  deliver  from  any  cart,  wagon  or  other 
vehicle,  upon  the  public  streets  or  ways,  oleomargarine,  butterine,  or  any  similar 
substance,  without  having  on  the  outside  of  both  sides  of  said  ca:t,  wagon,  or 
other  vehicle  a  placard,  in  uncondensed  Gothic  letters  not  less  than  three  inches 
in  length,  "licensed  to  sell  oleomargarine,"  or  who  shall  furnish  or  cause  to  be 
furnished  in  any  hotel,  boarding-house,  restaurant,  or  at  any  lunch  counter,  oleo- 
margarine, butterine,  or  any  similar  substance  to  any  guest  or  patron  thereof, 
Penalt  without  first  notifying  such  guest  or  patron  that  the  substance  sofur- 
}<  nished  is  not  butter,  shall  be  punished  as  provided  in  the  last  preceding 
section. 

14.  [Section  4607e,  Statutes  of  1898.]  Any  person 
tM*£&S££SSS£  State  who  shall  knowingly  or  negligently  buy  of  procure 

for  use  as  lood  in  any  ot  the  charitable,  correctional. 

or  penal  institutions  of  this  State  any  butteror  cheerenotmadewholly  anddirectly 

from  pure  milk  or  cream,  salt,  and  harmless  coloring  matter,  shall  be  fined  not 

..  .     exceeding  fifty  dollars  nor  less  than  twenty-five  dollars  for  the  first  offense. 

a  )-    and  for  each  subsequent  offense  shall  be  punished  by  imprisonment  in 

the  county  jail  not  more  than  ninety  days  nor  less  than  ten  days,  or  by  fine  not 

exceeding  one  hundred  dollars  nor  less  than  fifty  dollars,  or  by  both  fine  and 

imprisonment. 

15.   [Section  1,  chapter  76,  laws  of  1899.1     No  person 
Renovated  butter  to  be  marked.     by  ^^  ^  'agen£shall  gell?  exchange,  Or  deliver,  or 

expose  for  sale  or  offer  for  sale  renovated  butter,  or  butter  which  has  been  melted 
and  its  rancidity  removed  or  masked,  and  which  has  been  regranulated,  colored. 
and  prepared  in  imitation  or  in  semblance  of  genuine  creamery  butter,  unless  the 
substance  be  marked  distinctly  on  the  outside  of  each  and  every  package  or  parcel 
thereof  by  a  label  printed  with  the  words  "  Renovated  Butter,  '  and  without  hav- 
ing on  each  and  every  open  tub,  package,  or  parcel  thereof  a  placard  with  the 
words  '•  Renovated  Butter,"  such  placard  or  brand  in  each  case  to  be  printed  in 
plain,  uncondensed  Gothic  capitals  not  less  than  one  inch  long,  and  such  placard 
shall  contain  no  other  words  thereon. 

Penalt       ^'   [Section  2,  chapter  76,  laws  of  1899.]     Any  person  who  shall  violate 
}'    any  of  the  provisions  of  this  act  [the  preceding  paragraph]  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  be  fined  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars. 

<'hee«e  falsely  labeled  1Tl  [Section  4438gr,  Statutes  of  1898.]  Any  person  who  shall 
'  sell,  offer  for  sale,  ship,  or  consign  cheese  labeled  with  a  false 
brand  or  label  as  to  the  quality  of  the  article,  or  shall  use  any  stencil  or  label  fur- 
nished by  the  dairy  and  food  commissioner  of  this  State  and  bearing  the  words 
"  Wisconsin  full-cream  cheese,"  otherwise  than  upon  the  bandage  on  the  side  of 
full-cream  cheese  and  upon  the  pack;j  _;e  containing  the  same,  shall  be  punished  by 
fine  of  not  more  than  fifty  dollars  nor  less  than  twenty-five  dollars. 

18.  [Section  4G07/,  Statutes  of  1898.]     Anv  person 
4.  leanhness  of  da,ry  cows  and  utensils.    Q^L       ^  manaj£ng  &  dair  y>  the  prjduct  6f  which 

is  sold  for  family  use,  who  shall  feed  his  cows  upon  unwholesome  food  or  keep 
them  in  unclean  stables  or  handle  the  milk  with  unclean  utensils  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  be  fined  not  less  than  t  wenty- 
p  ,,  five  dollars  nor  more  than  one  hundred  dollars  for  the  first  offense,  and 
y'  not  less  than  one  hundred  dollars  nor  more  than  two  hundred  dollars  for 
each  subsequent  offense. 


109 

Wrongful  use  of  milk      19'   [Section  1494a,  Statutes  of  1898.]     Any  butter  or  cheese 
manufacturer  who  shall  knowingly  use  or  allow  any  other  per- 
son to  use  for  the  benefit  of  himself  or  any  other  person  than  he  who  is  entitled 
to  the  benefit  thereof  any  milk  or  cream  from  the  milk  brought  to  him,  without 
the  consent  of  the  owner  thereof,  or  who  shall  refuse  or  neglect  to  keep  or  cause 
Fraudulent  accounts      *?  ^e  kept  a  correct  a  -count  (which  shall  be  open  to  the  inspec- 
tion of  any  person  furnishing  milk  to  him )  of  the  amount  of 
milk  daily  received,  or  of  the  number  of  pounds  of  butter,  and  the  number  and 
aggregate  weight  of  cheese  made  by  him  each  clay,  or  of  the  number  of  cheese  cut 
Penalt  -     or  °*nerwise  disposi  d  of  and  the  weight  of  each,  shall  for  each  and  every 
)-    offense  forfeit  not  less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars, one-half  of  which  shall  be  paid  to  the  person  upon  whom  any  such  fraud  has 
been  committed  and  who  first  made  complaint  thereof;  the  remainder  shall  be  paid 
to  the  school  fund. 

20.     [Section  459!),  Statutes  of  1898.]     Any  person  who  shall 

I  nnholesome  provisions.     knowingly  ^  any  kind  of  diseasedJ.  corrupted,  or  unwhole- 
some provisions,  whether  for  meat  or  drink,  without  making  the  same  fully  known 
„      .         to  the  buyer,  shall  be  punished  bv  imprisonment  in  the  county  jail  not 
!'     more  than  six  months  or  by  fine  not  exceeding  one  hundred  dollars. 

sale  of  adulterated  food  prohibited.  ~,U    [Section  4600,  Statutesof  1898.]    Any  person  who 

shall,  l>y  himself,  his  servant,  or  agent  or  as  the  serv- 
ant or  agent  of  any  other  person,  sell,  exchange,  deliver,  or  have  in  his  possession 
with  intent  to  .--ell,  exchange,  offer  for  sa'e,  or  exchange  any  drug  or  article  of  food 
.         which  is  adulterated,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars  or  be  imprisoned  in  the  county  jail  not 
less  than  thirty  days  nor  more  than  four  months.     The  term  "drug, "as  used 
in  this  section,  shall  include  all  medicines  for  internal  or  external  use.  antiseptics, 
.     „     .      disinfectants. and  co-metics.     The  term ''food,"  as  used  herein. shall 
include  all  articles  used  for  food  or  drink  by  man,  whether  simple, 
mixed,  or  compound. 

2'3.  [Section  4P>01 ,  Statutes  of  1898.]     An  article  shall  be  deemed  to  be  adulterated 
within  the  meaning  of  the  preceding  section: 

1.  In  the  case  of  drugs:    '•'    * 

When  adulterated  ^'  ^n  t*ie  case  9^  ^9O(^:  First,  if  any  substance  or  substances  have 
been  mixed  with  it,  so  as  to  lower  or  depreciate  or  injuriously 
affect  its  strength,  quality,  or  purity:  second,  if  anyinf<  rior  or  cheaper  substance 
or  substances  have  been  substituted  wholly  or  in  part  for  it;  third,  if  any  valua- 
ble or  necessary  ingredient  has  baen  wholly  or  in  part  abstracted  from  it:  fourth, 
if  it  is  an  imitation  of  or  sold  under  the  name  of  another  article:  fifth,  if  it  con- 
sists, wholly  or  in  part,  of  a  diseased,  infected,  decomposed,  putrid,  tainted,  or 
rotten  animal  or  vegetable  substance  or  article,  whether  manufactured  or  not; 
sixth,  if  it  is  colored,  coated,  polished,  or  powdered,  whereby  damage  or  inferiority 
is  concealed,  or  if  by  any  means  it  is  m  ide  to  appear  better  or  of  greater  value 
than  it  really  is:  seventh,  if  it  contains  any  added  substance  or  ingredient  which 
is  poisonous,  in  furious,  or  deleterious  to  health,  or  any  deleterious  substance  not  a 
necessary  ingre  lient  in  its  manufacture:  Provided,  That  the  provisions  of  this  or 
the  preceding  section  shall  not  apply  to  mixtures  or  compounds  recognized  as 
ordinary  articles  OL  food  if  the  same  be  distinctly  labeled  as  mixtures  or  com- 
pounds and  from  which  no  necessary  ingredient  in  their  preparation  is  eliminated. 

WYOMING. 

RKVISKD  STATTTE.S,  1891). ' 

SEC.  2644.  It  shall  l>e  unlawful  for  any  person  or  persons, 
'    company,  or  corporation  to  keep  open  any  barber  shop, 

store,  shop,  or  other  place  of  business  for  the  transaction  of  business  therein  upon 
the  first  day  of  the  week,  commonly  called  Sunday:  Provided,  This  section  shall 
not  apply  to  •  vendors  of  ice.  milk,  fresh  meat,  and  bread,  except  as  to  the 

sale  of  liquors  and  cigars.  Any  person,  company,  or  corporation  who  shall  violate 
the  provisions  of  this  section,  shall,  on  conviction  thereof,  be  fined  in  a  sum  of 
money  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars,  for 
each  offense. 

SEC.  .")10i>.  Every  i>erson  who  adulterates  or  dilutes  any 

p.n.ltjr.  .  me(licinO(    8piritUOU8    or 


1  Sec. 3644^=8.  L.  18HS,  chapter  Htf, m-ction  :.'.    5NJO  and  Mill  -R.  S.  1S87,  nocti<> 


110 

inalt  liquor,  or  wine,  or  any  article  used  in  compounding  them,  with  a  fraudulent 
intent  to  offer  the  same  for  sale,  or  to  cause  or  permit  the  same  to  he  offered  for 
sale,  as  unadulterated  and  undiluted;  and  every  person  who  fraudulently  sells  or 
keeps  or  offers  ior  sale  the  same  as  unadulterated  or  undiluted  shall  he  punished 
hy  a  fine  of  not  more  than  five  hundred  dollars,  or  imprisonment  in  the  county 
jail  not  more  than  sixty  days,  or  by  both. 

SEC.  5110.  Every  person  who  knowingly  sells  or 
Sale  of  unwholesome  foods;  penalty.     keepg    Qr  off?r/f(£  sale>  Qr  otherwise  disposes  of. 

or  tries  to  dispose  of,  any  article  of  food,  drink,  drug,  or  medicine,  knowing  that 
the  same  has  become  tainted,  decayed,  spoiled,  or  otherwise  unwholesome  or  unfit 
to  be  eaten  or  drunk  shall  be  fined"  not  more  than  fifty  dollars,  or  imprisoned  in 
the  county  jail  not  more  than  thirty  days,  or  both. 

CANADA. 

See  Fourteenth  Annual  Report  of  the  Bureau  of  Animal  Industry, 
pages  703-708,  for— 

49  Victoria,  chapter  42  (section  1). — An  act  to  prohibit  the  manufacture  and 
sale  of  certain  substitutes  for  batter.  (Assented  to  3d  June,  1886.) 

52  Victoria,  chapter  43  (sections  1-11). — An  act  to  provide  against  frauds  in  the 
supplying  of  milk  to  cheese,  butter  and  condensed  milk  manufactories.  (Assented 
to2d  May,  1889.) 

-  Victoria,  chapter  —  (sections  1-11). — An  act  to  prevent  the  manufacture 
and  sale  of  fille.l  or  imitation  cheese,  and  to  provide  lor  the  branding  of  dairy 
products. 

60  and  61  Victoria,  chapter  21  (sections  1-9). — An  act  to  provide  for  the  registra- 
tion of  cheese  factories  and  creameries,  and  the  branding  of  dairy  products,  and 
to  prohibit  misrepresentation  as  to  the  dates  of  manufacture  of  such  products. 
(Assented  to  29th  June,  1897.) 


